Preamble
These general terms and conditions of sale apply to all services provided on the Chess & Mates website.
The Chess & Mates website is a service of :
- Chess & Mates VZW
- domiciled at Luchterenhof 3, 9031 Drongen
- website URL: Chess & Mates (chessandmates.com)
- e-mail address: chessenmates@gmail.com
The customer declares that he/she has read and accepted the general terms and conditions of sale prior to placing the order. Validation of the order therefore implies acceptance of the general terms and conditions of sale.
Article 1 - Content and scope
These general terms and conditions of sale apply ipso jure to the following services: Chess & Mates's Chess Club.
They apply to the exclusion of all other conditions, and in particular those applicable to sales on the Internet or by means of other distribution and marketing channels.
The sale is deemed concluded on the date of acceptance of the order or immediate purchase by the seller.
Any order or immediate purchase implies unreserved acceptance of these general terms and conditions of sale, which prevail over all other terms and conditions, with the exception of those expressly accepted by the seller.
The purchaser declares that he/she has read and accepted these terms and conditions of sale before making an immediate purchase or placing an order.
Article 2 - Pre-contractual information
Prior to the immediate purchase or the placing of the order and the conclusion of the contract, these general conditions of sale are communicated to the buyer, who acknowledges having received them.
The buyer will be provided with the following information in a clear and comprehensible manner:
- the essential characteristics of the service;
- the price of the service or the method of calculating the price and, where applicable, any additional transport, delivery or postage charges and any other charges;
- the date or time by which the service provider undertakes to perform the service, irrespective of its price, and any other contractual conditions;
- information relating to the identity of the service provider, its postal and electronic contact details, and its activities;
- the arrangements for handling complaints;
- the duration of the contract, in the case of a fixed-term contract, or the conditions under which it may be terminated in the case of an open-ended contract;
- with regard to digital content, any relevant interoperability of that content with certain hardware or software of which the professional has or ought reasonably to have knowledge.
The service provider must also communicate to the purchaser, or make available to the purchaser, the following information:
- legal status and form, contact details enabling the service provider to be contacted rapidly and communicated with directly;
- where applicable, the registration number in the Crossroads Bank for Entreprises;
- for activities subject to an authorisation scheme, the name and address of the authority that issued the authorisation;
- for service providers who are members of a regulated profession, their professional title, the EU Member State in which it was awarded and the name of the professional body with which they are registered;
- any financial guarantee or professional liability insurance taken out by him, details of the insurer or guarantor and the geographical coverage of the contract or undertaking.
Article 3 - Orders
An order is taken to mean any order relating to the services listed in the seller's price list and accepted by the seller, accompanied by payment of any deposit stipulated on the order form.
Any order received by the seller is deemed to be firm and definitive.
It implies full acceptance of these general terms and conditions of sale and the obligation to pay for the products ordered.
The buyer has the right to withdraw from the contract within 14 days of its conclusion, except as provided for in article VI.73 of the Code of Economic Law.
Article 4 - Performance of the service and termination of the contract
Except in the case of special conditions specific to the sale, the service will be provided within the subscription period from the date of receipt by the seller of an order in good and due form.
In the event that the seller fails to fulfil its performance obligation on the date or on expiry of the period stipulated above, or, failing this, no later than 30 days after conclusion of the contract, the purchaser may cancel the contract as provided for in article VI.43 of the Code of Economic Law, by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having enjoined the professional to provide the service within a reasonable additional period, the latter has not complied within this period.
The contract shall be deemed to be terminated on receipt by the seller of the letter or writing informing him of such termination, unless the seller has performed in the meantime.
Nevertheless, the purchaser may immediately terminate the contract where the seller refuses to provide the service or where he fails to perform his obligation to provide the service on the date stipulated, if that date or time limit constitutes an essential condition of the contract for the purchaser. This essential condition arises from the circumstances surrounding the conclusion of the contract or from an express request by the consumer prior to the conclusion of the contract.
The costs and risks associated with this operation shall be borne exclusively by the service provider.
Except in cases of force majeure, the deposit paid at the time of the order is automatically forfeited and cannot be reimbursed.
Article 4 bis - Renewal of the contract
The service covered by this contract is the subject of a contract for a period of 1 month in the case of a monthly subscription or 12 months in the case of an annual subscription, renewable for the same period by tacit agreement.
Article 5- Exceptions to the withdrawal period
The 14-day withdrawal period does not apply to the situations listed below:
- Digital content provided on an intangible medium and a subscription contract for these services, the performance of which has begun with your agreement and for which you have waived your right of withdrawal (for example, a downloaded film).
Article 6 - Prices
Prices are firm and final. Except in the case of special conditions specific to the sale, the prices of the services provided are those shown in the price catalogue on the day of the order.
They are expressed in the legal currency and include all taxes.
Article 7 - Payment
Unless otherwise expressly stipulated in the special terms and conditions, the price must be paid in cash when the order is placed. No order will be taken into account unless full payment has been received by this date.
Payments made by the purchaser will only be considered final once the amounts due have been effectively collected by the service provider.
An invoice will be sent to the purchaser on request.
Article 8 - Intellectual property
All technical documents, products, drawings and photographs provided to buyers remain the exclusive property of Chess & Mates, the sole owner of the intellectual property rights to these documents, and must be returned to him upon request.
Customer undertake not to make any use of these documents that might infringe the supplier's industrial or intellectual property rights and undertake not to divulge them to any third party.
Article 9 - Competent jurisdiction
All disputes to which the purchase and sale transactions concluded in application of these general terms and conditions of sale may give rise, concerning both their validity, interpretation, performance, termination and consequences which could not be resolved amicably between the seller and the customer, will be submitted to the competent courts under the conditions of Belgian law.
For the definition of the competent jurisdiction, the seller elects domicile at Luchterenhof 3, 9031 Drongen, Belgium.
Article 10 - Language of the contract
These general terms and conditions of sale are written in English. If they are translated into one or more foreign languages, only the English text will be deemed authentic in the event of a dispute.
Article 11 - Mediation and dispute resolution
The purchaser may have recourse to conventional mediation or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.
Article 12 - Applicable law
These general terms and conditions are subject to Belgian law.
This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer shall first contact the seller to obtain an amicable solution.