Terms and conditions
Article 1 – Purpose
These General Terms and Conditions apply, without limitation, to all products for sale by the Company, Office des Propriétaires s.a., on its website www.op.be (hereafter referred to as “the Site”).
The documents (hereafter referred to as “the Products”), available for order from the Site, are templates for contracts as well as all other documents published by the Office des Propriétaires. The placing of an order from the Site, by a natural or legal person, implies acceptance of these General Terms and Conditions. These Terms and Conditions are accessible at all times on the Site and will prevail over the Customer’s General Terms and Conditions of purchase.
Article 2 – Proof of transaction
Order payment will take place according to the conditions applicable to the remote payment system chosen by the Customer. The Customer is bound to his order once he clicks on "I confirm or Payment" on the "My basket" page of the Site. Data saved on the server of the Office des Propriétaires constitutes proof of all transactions made by the Office des Propriétaires and its Customers. Data saved by the payment system constitutes proof of the financial transactions made by credit card. The online payment service does not disclose credit card payment information to the Office des Propriétaires except, if necessary, in the case of a duly expressed complaint concerning a specific transaction. The disclosure of information between the Customer and the online payment service is protected and is dependent on the software embedded on the Customer’s hardware and through Internet protocols.
Article 3 – Rates – Terms and Conditions of ordering - Payment - Delivery
The prices of products indicated are inclusive of all taxes but do not include delivery costs to Belgium/Europe. The Office des Propriétaires reserves the right to modify prices and/or add any applicable tax. Delivery costs outside of Europe are not included in the price and are calculated separately during the ordering process, and depend on the delivery service, destination and volume of products ordered. Prices are indicated in euros.
To place an order, the Customer places items in the basket on the Site. Having completed his purchases, he indicates invoicing and delivery details and then proceeds to payment of his order. Having received confirmation of payment by the financial organisation, the Customer will receive a summary of the order, including the order number, the description of products ordered and their price, these General Terms and Conditions or a link to them, as well as an indication of the probable delivery time. The Office des Propriétaires reserves the right to suspend or refuse the order if the data communicated by the Customer proves to be wrong or incomplete.
The payment of Products must be made online by bank card (credit card, MasterCard or VISA). The Customer must pay for all purchases at the time of ordering. The entering of bank details is protected. The credit card number and expiry date are entered on the Site within a secure payment area in which information is encrypted. The Office des Propriétaires guarantees the security of the Customer’s online transactions and uses a reliable and secure internet system called ATOS. All personal information is fully protected and encrypted before being sent to the order processing centre. The products offered for sale by the Office des Propriétaires are done so within the limits of stock available. In the case that one or more product(s) is unavailable after payment of the order, the Office des Propriétaires will inform the Customer as soon as possible and offer him the choice between a refund, a new order or delivery postponed until the relevant product(s) becomes available.
The order is only delivered to the Customer after full payment has been received. The timeframes indicated by the Office des Propriétaires are provided for information only and are not legally binding. A delay in the delivery of the order shall, therefore, under no circumstances, give rise to any compensation, damages, termination of the contract or suspension of the Customer’s obligations.
Article 4 - Complaints
The Customer may only issue a complaint after completing the registration procedure on the Site. Complaints must be accompanied by an explanation. The Office des Propriétaires reserves the right, after review, to refund the Customer or offer an equivalent Product. The right to complain will be extinguished unless the Customer complaint or dispute against the Office des Propriétaires is made in writing, no later than 48 hours following delivery of the order or notification of its availability to the scheduled collection point.
Article 5 – Withdrawal period
The Products are delivered immediately by post to the address indicated during the order. In agreement with the Customer, the Office des Propriétaires begins its service before the end of the 14-day legal withdrawal period. The parties, therefore, agree that the purchasing of a Product shall not give rise to the exercising of any right of withdrawal.
Article 6 – Intellectual property
The Office des Propriétaires grants the Customer a personal, non-exclusive and non-transferable licence to use the purchased Products. This licence includes the right to use the Product for strictly personal use and/or within the framework of the Customer’s business activity. Any reproduction or representation, wholly or partly, for other purposes, notably commercial, in any form, is prohibited. Failure to comply with this prohibition shall be deemed an act of counterfeiting which may incur the perpetrator's civil or criminal liability. The Products, the content of the Products, the list of the Products and the whole content of the Site are protected by copyright legislation and intellectual property legislation. No mention or use of the texts, trademarks, trade names, acronyms, logos, drawings or pictures featuring on the Site shall be made without the prior written agreement of the Office des Propriétaires. Any reproduction or use, not previously and expressly authorised, is regarded as counterfeiting punishable by civil and criminal proceedings.
Article 7 – Liability
The Office des Propriétaires guarantees the Customer that the Products have been developed with all the necessary care to ensure their compliance with the description which features on the Site on the date of the order. The Customer acknowledges and accepts that the Products offered shall in no way constitute a detailed legal opinion. The Products are used under the sole responsibility of the Customer and are purely for information. The Office des Propriétaires provides no individual or personal advice and wishes to insist on the fact that (1) certain Products can only be completed with the assistance and advice of professionals and (2) the purchasing of a Product does not in any way dispense with seeking professional legal advice. If the Customer deems it necessary, he is invited to verify the accuracy, quality and relevance of each Product with a qualified professional. The Customer is warned that under no circumstances shall the Office des Propriétaires and/or authors be held liable for any error of law. With the exception of fraud or gross negligence of the Office des Propriétaires, the liability of the Office des Propriétaires, its partners and authors is limited to the refund of the purchase price paid by the Customer for a Product. The Office des Propriétaires thus disclaims all warranties, express or implied, particularly any warranty of merchantability, quality, accuracy of the description, or suitability of the Site or a Product for a particular purpose. The Office des Propriétaires does not guarantee that the use or result of the use of information available from the Site will be correct, accurate, timely, reliable or of any quality. Photographs, drawings or summaries of the Products are of a non-contractual nature.
Article 8 – Processing of personal data
The Office des Propriétaires compiles and manages a file comprising personal information on all its Customers. The collection of this personal information aims to allow the Office des Propriétaires to process the orders. This data will only be sent to the seller’s partners if the Customer expressly agrees to it. The Customer expressly agrees that the Office des Propriétaires may process his personal data for direct marketing purposes or the purposes mentioned in these General Terms and Conditions, subject to the application of the current laws and regulations. The Office des Propriétaires processes the data collected confidentially and in accordance with national and international provisions, including amongst others the Belgian Law of 8 December 1992, relating to the protection of privacy regarding the processing of personal data, amended by the Law of 11 December 1998. The Customer may, at any time, send a written request dated and signed, to the seller, and upon proof of his identity (by attaching a copy of his identity card), obtain, free of charge and in writing, his personal data which has been collected by the Office des Propriétaires, as well as, if and where appropriate, the corrected data which may be inaccurate, incomplete, not relevant, or deleted. The data will be communicated to the Customer no later than 45 days after the request has been received.
One or more "cookies" are likely to be placed on the hard disk of the Customer’s computer, in particular, to allow the Office des Propriétaires to recognise the Customer when he accesses the Site, to facilitate the management of his account and to generate the corresponding Site statistics. The Customer authorises the placing of "cookies" and their use by the Office des Propriétaires. The Customer is informed of the option to object to the installation of "cookies".
Article 9 – Invalidity – Force majeure – Applicable law and competent jurisdiction
The nullity of a provision of these General Terms and Conditions does not invalidate the others. The condition deemed inapplicable will then be replaced in good faith by the most similar possible provision. Neither the Office des Propriétaires, nor the Customer shall be held liable for any non-fulfilment as a result of a case of force majeure, beyond their control, particularly, but not limited to, the total or partial loss or destruction of the computer system of the Office des Propriétaires or its database when either of these events cannot reasonably be attributed directly to the Office des Propriétaires and when it is not proven that it has failed to take reasonable measures to prevent either of these events: cases of war, rioting or insurrection, strikes, lockout, transportation disruption, import or export problem, shortages, fire, earthquake, storms or floods. These General Terms and Conditions are governed solely by Belgian law. In case of dispute, the courts of the judicial district of Brussels will have sole jurisdiction.