General Conditions of Sales – RGPD – Private Life
GENERAL CONDITIONS OF SALE
ARTICLE 1 – APPLICATION OF THESE GENERAL CONDITIONS
The placement of any order involves acceptance by the buyer of the general conditions stated below, and waiver of its own general conditions.
These general conditions are the entire agreement between the parties. They cancel and supersede all prior letters, proposals, offers and agreements.
Any agreements derogatory or supplementary to these general conditions must be concluded by a writing signed by both parties. Oral or tacit agreements will have no juridical effect.
The fact that we do not avail ourselves at a given time of any of these terms and conditions may not be deemed a modification of the general conditions of sale, nor a waiver of the same or any of these terms and conditions.
ARTICLE 2 – PROPOSALS
All our proposals are made without engagement, unless otherwise provided ESBE International reserves the right not to carry out an order.
All our goods are manufactured according to the regulation.
Our catalogues and price lists may not be considered as firm offers of the models, pieces and goods therein indicated. We are bound only by our express acceptance of an order in accordance with article 4.
ARTICLE 3 – ORDERS
Any order by the buyer is irrevocable.
However, the previous paragraph notwithstanding, where the buyer has made its order subject to the delivery by ESBE International of a counter-sample, the order of the buyer shall become irrevocable only in the absence of claim within eight days from the delivery of that counter-sample.
In particular, the buyer waives any legal, reglementary or other provision of the state of its place of business which would allow to revoke the order or reject the goods ordered, and remains at any even liable for the payment of the price.
ARTICLE 4 – ACCEPTANCE OF THE ORDER
Acceptance of the order by ESBE International results either from a written statement by ESBE International, by letter, telefax or telex, or any other means of written communication or from the sending of the goods ordered.
ARTICLE 5 – TIME OF DELIVERY
Delivery to the buyer or the carrier designated by the buyer shall constitute delivery.
ARTICLE 6 – TIME ALLOWED FOR DELIVERY
The goods will be delivered by ESBE International at the date indicated in the acceptance of the order, provided that the order has become irrevocable.
This date is given for information only. Delays shall not allow the buyer to terminate the contract or claim damages from ESBE International.
However, the buyer may terminate the contract in the limits indicated in paragraph 4 if the goods are not delivered in the month following that date, without the buyer being further allowed to claim damages or bring any action whatsoever against ESBE International.
In case of delivery of a portion only of the goods in the time indicated in paragraph 3, the buyer shall have to accept these goods and shall be liable for the payment of the price of such goods.
ARTICLE 7 –RISKS
In the event of force majeure, ESBE International may cancel, totally or partially, any order, and no price shall be due by the buyer for the portion so cancelled, or defer the performance thereof, without the buyer being then allowed to avail itself of the right of termination provided in paragraph 3 of the article 6, claim damages or bring any action against ESBE International.
Force majeure means any unexpected event which hinders, complicates or delays the normal performance of the agreement and, among others, without this recital being exhaustive : a strike, a lockout, a governmental decision, a terrorist act, a revolt, a riot, a fire, a shipwreck, a boarding, a force call, a rerouting, an epidemic, a natural disaster, as well as any other event affecting the manufacture, the transportation or the delivery of the goods.
After delivery of the goods, all risks are for the account of the buyer.
ARTICLE 8 –COMPLAINTS
Any complaints, whatsoever, that the buyer could indicate against ESBE International as to the performance of the agreement, and, among others, any complaint based on a lack of conformity of the goods with the samples listed in the proposals made by ESBE International, or any defect whatsoever, of such goods must be notified to ESBE International by registered mail with a sample of the defective goods at the last seven days after the goods have arrived in the place of business of the buyer.
Conformity with the contract is determined with regards to the state of the goods at the time of transfer of the risks.
Minimal tolerances, usual or technically unavoidable defects, minor differences in quality, color, measure or finishing, as well as minor changes of the goods from the sample, which do not render them unfit for normal commercial use of the particular purpose expressly specified by the contract do not constitute a ground for complaints.
Defects which would warrant the rejection of the goods by the buyer shall only oblige ESBE International to the pure and simple replacement of the goods rejected, without other damages whatsoever.
ESBE International shall have three months from the receipt of the returned goods for such replacement. Paragraph 2 and 3 of article 6 of these general conditions apply in case of replacement.
Replaced goods remain the property of ESBE International.
ARTICLE 9 – HIDDEN DEFECTS
ESBE International warrant hidden defects during two months from the delivery unless these defects could absolutely not be discovered.
The buyer will be barred if he does not notify ESBE International by registered mail of defects which would be discovered during this period within fifteen days from the discovery with a sample of the defective goods.
ARTICLE 10 – RETURN OF THE GOODS
The goods may be returned at the expense and at the risks of the buyer only for the rightful claim in accordance with articles 8 and 9, and with a prior writing stating the causes of the return.
If the returns of the goods do not meet the conditions of articles 8 and 9, ESBE International may store the goods or keep them at the disposal of the buyer, at the expense and at the risks and for the account of the buyer.
ARTICLE 11 – PAYMENT
Unless otherwise provided in a written agreement, invoices are paid against cash payment at the registered office of ESBE International.
The date of payment is that of the day when the account of ESBE International is credited.
Invoices must be paid when due notwithstanding any alleged claims that the buyer would indicate for late or defective performance. These claims may not be set against the request of payment of the invoices and must subject to separate proceedings.
ARTICLE 12 – LATE PAYMENTS
The sole maturity of a debt constitutes notice to pay, without ESBE International having to notify the buyer of any injunction whatsoever.
In case of late payment, the buyer shall be ipso facto liable for the interests for late payments at the rate of 1% per month since the first day of maturity until the end of the month during which the payment has been made. The interests for late payment cover the financial prejudice resulting from late payment.
In addition, the buyer will be liable for the payment of a lump sum equal to 12% of the amounts due with a minimum of 100 €. This sum covers the administrative prejudice resulting from late payment.
ARTICLE 13 – DEFAULT OF THE BUYER
In case of failure to pay or late payment by the buyer, ESBE International shall, at its sole option, require the cash payment of the constitution of warranties for the outstanding contracts, defer the performance or terminate the outstanding contracts, without notice, for breach of contract by the byer.
ARTICLE 14 – RIGHT OF REPOSSESSION
The goods sold remain the property of ESBE International until full payment of the amount due.
ARTICLE 15 – APPLICABLE LAW
The contract is governed by Belgian law, including, for international sales, the uniform acts of July 1st 1964 on the international sale of tangible personal property and on the formation of the contracts of international sale, or from the time when it will be in force in Belgium, the Vienna Convention of April 11 1980 on the contracts of international sale of goods.
THE ARTICLE 16 – JURISDICTION
Suits relating to the sales by ESBE International must be brought before the courts of Brussels, which have exclusive jurisdiction, even if there are several defendants of claims in guarantee filed against third parties.
ESBE International may however, as a plaintiff and at its sole option, bring the suit before the courts of the registerd office of the buyer.
ARTICLE 17 – LIMITATION OF ACTION
No action bases on the contract may be brought, for any cause whatsoever more than one year after the cause of action has occured.
Esbe International is committed to ensuring the protection, confidentiality and security of its service users' data in accordance with the current legislation in Belgium and Europe, as well as their privacy. Esbe International is a limited company with its registered office at Avenue Molière 329, 1180 Brussels, Belgium and is registered in the Central Enterprise Data Bank under number BE0437.985.682.
To ensure the privacy arrangements are correctly applied, Esbe International has appointed a Data Protection Officer who will be your dedicated contact for data protection and whom you may contact at email@example.com
This Charter explains why and how Esbe International gathers data, and where necessary personal data, the methods by which Esbe International processes them, as well as the conditions around their disclosure to third parties. Esbe International is committed to protecting your privacy in compliance with the General Data Protection Regulation.
Such compliance with data protection is essential to obtain and protect your confidentiality. Esbe International advocates this in its internal procedures, its secure technology and with its partners and subcontractors.
Esbe International will provide you with a statement of the data it holds on you at your request.
Esbe International will do everything possible to maintain such data up-to-date. If you believe they are incorrect or incomplete, we will make the necessary corrections.
Esbe International is a company dedicated to the creation, development, production, import and export of promotional gifts. Esbe International only deals with companies and, more broadly, key accounts. Therefore, Esbe International processes no data of a personal nature that may undermine your privacy. The only data processing relates to products to be developed and offered to Esbe International clients.
Esbe International undertakes to verify the legitimacy of the gathering and processing of client data.
Therefore, Esbe International has no interest in collecting personal data. Those collected by Esbe International are so collected in the context of our commercial relations to allow us to put offers to you following your requests or meetings we have with you. Under no circumstance will Esbe International collect data on minors in digital format.
Esbe International moreover ensures you are reminded of your rights in its various forms. It may be that the operation of the site or certain services made available to you are modified owing to an inability to access all the data required for their proper operation.
PURPOSE OF PRECESSING AND PRIVACY
Esbe International undertakes to process your data in accordance with the purpose for which they were obtained, notice of which will have been given to you and to which you will have consented. Esbe International only stores data connected with its direct business with its clients.
RELEASE AND DISCLOSURE OF DATA TO THIRD PARTIES
Esbe International will neither sell nor disclose the data it holds to third parties unless obliged to do so by law or a court order.
If Esbe International is obliged to subcontract, wholly or partly, certain processing (accounting and administrative processing such as annual accounts, cloud backups etc.) to third party companies, Esbe International will require the same compliance with the privacy rules by its subcontractors.
Esbe International hereby notifies you that some of these services require cookies.
RIGHT TO ACCESS, MODIFY AND REMOVE
You may freely examine your data, require their modification and require their removal.
Use the contact form on the Esbe International site to do so. Should Esbe International be unsure as to the true identity of the applicant, it shall reserve the right to require proof thereof.
If you no longer wish us to process your data, Esbe International will undertake to remove your data from our database. You may also object to any form of use.
Esbe International will retain data for the period required for the operations for which they have been collected. The purpose notified shall therefore determine the period for which they are retained in compliance with the law, which may require other time periods (e.g. accounting matters).
If you believe Esbe International has not complied with its legal or contractual obligations, contact Esbe International who will follow this up as soon as possible.
Esbe International guarantees your privacy
disclosure of Personal Information ESBE INTERNATIONAL ("us", "we", or "our") receive from users.
You agree to the collection and use of information in accordance with ESBE INTERNATIONAL
Information Collection And Use
While using our Services, we may ask you to provide us with certain personally identifiable information that can be used to contact you, identify you and answer at best your requests. Personally notifiable information may include, but is not limited to your name ("Personal Information").
You consent to us collecting, storing, using and (if applicable) transferring your personal information in accordance with this privacy promise.
If we decide to change our privacy promise, we will send those changes by phone or email to keep you aware of the way we collect, use and disclose information.
THE INFORMATION WE COLLECT
We may collect and process the following information about you:
- information that you provide to us when you register to be a Member or fill out forms.
- information that you submit when you place an order for our Services
(including your name, email address, delivery address, credit or debit card number and expiration date to pay Suppliers) which we need to process your order and to notify you of your order status;
- information that we collect through third parties which may include information relating to your Membership eligibility and contact details necessary to provide you with a welcome email and information relating to your enquiries or complaints about our Services
- information about you which you include in any e-mails or letters that you send to us or messages that you send to us
THE WAY YOUR INFORMATION IS USED
We may use your information in the following ways or transfer your information to
trusted third parties:
- to enable us to provide our Services to you and to process your orders for specific goods and/or services;
- to produce aggregated anonymised reports on users’ preferences, interests and buying habits for trusted third parties and
- for security purposes.
We may also use your information to notify you of our Services and our exciting new offers if you have either requested marketing communications from us, or consented to receive our marketing communications when or after you registered for one of our Services.
You may also withdraw your consent for specific forms of communication and on specific communications via the unsubscribe options as stated on our email or other marketing messages.
In withdrawing your consent, you acknowledge that we may not be able to provide or continue providing certain goods and/or services to you and that we may cease such provision accordingly without any liability. Please note that it may take up to 30 working days for any request for consent withdrawal to be reflected in our systems.
We will, at your request, endeavour to provide you with an account of your information in our possession or control within a reasonable time. Such account shall be in respect of how your information has been or may have been generally used or disclosed within the year before the date of your request. We reserve the right to charge a reasonable administrative fee for carrying out your request.
WHERE WE STORE YOUR PERSONAL DATA
The data that we collect relating to you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). Where data is stored at or processed by third party service providers at a destination outside of the EEA and where we have a direct contractual relationship with such parties, we will ensure that all such third party service providers have agreed to the EU Contractual Clauses which have been deemed to provide an adequate level of protection under applicable laws. The data that we collect relating to you may also be processed by staff operating outside the EEA who work for us or for one of our service providers, suppliers, franchisees or affiliates. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree that your personal data may be transferred to countries where data protection laws do not afford the same standard of protection as the country in which you live. We ensure that your data is treated securely and always in accordance with this privacy promise and applicable data protection laws.
HOW WE PROTECT YOUR INFORMATION
Once we have received your information, appropriate security measures will be adopted to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, you acknowledge that we cannot guarantee the security of data you send over the internet and that you send your information at your own risk. We will retain your information for as long as you use our products or services and it is necessarily required or relevant for business or legal purposes.
DISCLOSURE OF YOUR INFORMATION
We may also disclose your personal information:
- to our affiliates, franchisees, suppliers, delivery companies, service providers with whom we have contracted to provide services to you and other third
parties to whom disclosure is necessary to enable us to process your orders and provide you with any service to which you have subscribed directly with
- where required to do so by law or court order;
- upon the sale of the business (in which case personal data of users will be one of the transferred assets);
- to any person to whom disclosure is necessary to enable us to enforce our rights under this privacy promise or under any of our applicable Terms and Conditions; and
We may provide third parties with anonymized reports on users’ preferences, interests and buying habits. We may provide our trusted service providers with anonymous information about users in order for them to compile these reports on our behalf. These reports will not identify you in any way. Other than as expressly set out in this privacy promise or as otherwise required or permitted by law, we will not share, sell or distribute any of the information you provide to us without your consent.
ACCESSING YOUR INFORMATION AND CONTACTING US
ESBE INTERNATIONAL, that you order goods and/or services from, is your data controller in relation to any personal data that you provide to us. If you wish to know what information we hold about you or if you have any queries about this privacy promise, you can contact us at any time by email or by phone for dealing with data protection issues or to amend and update your personal data. When requesting to access your personal data, please ensure to provide proof of identity.