GENERAL CONDITIONS OF SALE
1. PRESENTATION – DEFINITIONS
The service provider: the SPRL ERAS’MUST, whose headquarters are located in Liège, Boulevard de la Sauvenière 118 (BCE : BE 675 869 868), operating an activity assisting international students and a website https://erasmust.eu of which it is in full ownership.
The Service Provider can be contacted at its headquarters and through the contact page of its website.
In order for these General conditions of sale to apply, the following are to be considered:
- General conditions: these general conditions of sale
- Service: a service offered by the Service Provider (free of charge or fee paying)
- Client: Any client whether a consumer or a professional
- Consumer: any person who calls upon the Service Provider with a non-professional objective;
- Client-professional: any physical person or company who calls upon the Service Provider within the context of his, her or its professional activities
2. ACCEPTANCE OF THESE GENERAL CONDITIONS
Use of the website, as well as any request made to the Service Provider necessarily implies, as an essential and determining condition, acceptance without reservation of the General conditions of sale on the part of the Client, which are solely applicable, to the exclusion of any others, unless otherwise expressly stipulated.
NATURE OF THE SERVICES
Through its website, the Service Provider offers different kinds of services, mainly destined for students who want to study abroad for a few months (or a few years).
The Services presented on the website are accompanied by a description established by the Service Provider and illustrated by photographs that are for illustrative purposes only and have no contractual value. To perform certain of these Services, the Service Provider works with third party companies and cannot assume any responsibility with regard to their intervention.
Conditions that are specific to certain Services :
- We visit for you
This Service includes the visit of the property indicated by the Client, along with the report of the visit to the property.
The report is a subjective document established by the Service Provider on the basis of his/her knowledge and personal appreciation. The Service Provider does not act in the capacity of a real estate professional. Under no circumstances can the Service Provider bear any responsibility regarding the property’s availability, any defects or if it does not respond to the Client’s expectations.
The visit and the report are carried out and communicated to the Client within a period of 7 working days following confirmation of the contract. If the property is leased before the Service Provider has carried out the visit, the Client is reimbursed.
- Personal assistance
This Service, valid for one school semester, depending on the Client’s date of arrival, includes direct access to the Service Provider’s team from Monday to Friday from 9am to 7pm through a dedicated email address and telephone number, as well as face-to-face availability organised twice a week. Through this service, the Service Provider can assist and guide the Client within the framework of his or her Erasmus, for administrative tasks that are to be accomplished, in particular (with the local authorities, the leaser, opening a bank account, etc.).
The Service Provider intervenes as an intermediary to assist the Client. The Service Provider will provide his or her best efforts to support the Client insofar as possible. This is however, an obligation of means and not of results. In no case is the vocation of this Service to resolve any eventual conflicts in which a Client may be implicated.
The Service Provider is not competent to intervene in any situation that involves a medical aspect (in this case, calling the appropriate emergency services is required). This service IS NOT an insurance service. If a Client breaks a door, is injured or loses somethings, there can, be no reimbursement.
Personal assistance can intervene in the following examples:
– Difficulties in procedures to obtain local administrative documents.
– Assistance and advice when opening a bank account.
– Assistance in choosing the appropriate telephone subscription.
– In case of theft of a bag/wallet, Eras’must can guide you through the administrative procedures involved in lodging a complaint with the police.
– In case of illness, Eras’must can guide you and act as an intermediary with the appropriate hospitals or doctors.
– In case of a problem with your landlord, Eras’must can act as an intermediary in order to facilitate exchanges and help ease the situation.
– For any questions related to finding a location, a shop or a professional in the city.
- Learn French
This Service includes eight French lessons lasting two hours spread over two weeks, as well as learning materials. The lessons are given by a third party company in groups of 5 to 9 students, solely composed of Erasmus and international students with a similar level. The approach is based on oral conversation and comprehension. The content of the course is specifically designed for everyday living.
The lessons take place during the month of September on the dates given by the Service Provider. The time of the classes will be conveyed one week before the first lesson.
If the minimum number of students required to create a group is not reached (5 students), the Service Provider reserves the right to cancel the classes. The Client’s payment will be reimbursed in full.
- Airport pickup
The Service includes the Client’s transfer, using a private transport company, from the airport (Charleroi or Zaventem) to the centre of Liège, on the basis of information provided by the Client. The Client who is to be picked up at the airport will be met by the driver carrying a sign with the Client’s name on it.
This Service must be booked at least 72 hours prior to pick up.
- Rent a bike
Bicycle or bicycle accessories rented through the Service Provider are accessible, in the limit of available bikes, at VentureLab, Boulevard de la Sauvenière 118, 4000 Liège, on the dates which will be provided to the Client. The rental comes into effect on the date agreed between all Parties. The risks transfer to the Client who becomes responsible for the material on loan, and assumes full and complete responsibility from the moment of taking possession of the material in person.
- Afternoon @ IKEA
This Service includes 1) return transport from several rendezvous points in Liège to the IKEA Hognoul shop in a private bus reserved for Erasmus and international students, 2) a meal on site, 3) three hours of personal time on site, 4) transport of purchased goods that are not voluminous to the aforementioned rendezvous points in Liège. Goods that cannot fit into the luggage compartment of the coach will be delivered to the Client at his or her expense.
This service is offered at the beginning of the semester (during the months of September and February). The exact date and time will be communicated one week in advance.
The Service Provider may be in a position to propose excursions to the Client.
3. PRICE AND PAYMENT
The prices of the Services given on the website include all taxes, excluding any possible excess costs (example: delivery costs for the purchase of goods from a third party, whether or not they are a partner of the Service Provider).
The Service Provider reserves the right to modify its prices at any time. The Service will be invoiced based on the price displayed at the time of confirmation of the order. All price-related claims must be made in writing and sent to the headquarters of the Service Provider within 15 days of the payment.
Promotional codes and other reductions are only valid during the period announced and if the specified conditions are respected. They cannot be cumulated. Unless otherwise specified, free Services such as the Welcome pack, are limited to one per person.
The Service Provider determines the accepted methods of payment. For all order, full advance payment is required and any late payment will lead to, legally and without prior notices, the payment of legally defined interest rates starting from the due date of the invoice, as well as compensation of 10 % of the amount due, with a minimum of €25. In cases in which payment by bank transfer is possible, this payment must be made by the Client within the period of time indicated by the Service Provider, without which the sale will be cancelled and the Client will not be able to make any claim for compensation, although this will not prevent the Service Provider from being able to claim interest and damages if necessary.
Unless otherwise stipulated, invoices are sent to the Client by email.
To place an order on the website, it is necessary to register by communicating a valid email address. The Client must also supply a billing address (including a telephone number). Should the site give access to a private client area, each Client must be careful to protect his or her account from any fraudulent use. In particular, this protection implies a sufficiently elaborate and strictly confidential password. The Client must inform the Service Provider as soon as possible of any fraudulent use of his or her account.
An order is valid once payment has been made by the Client on the website using the payment systems on offer, and after receipt of a confirmation email (insofar as the Client has supplied a valid email).
5. TIMES – AVAILABILITY – REIMBURSEMENT
- Delivery times, Service dates and availability
All of the dates and timeframes indicated on the website or communicated to the Client are given in a purely informative manner, and, when the case arises, are only calculated starting from the date of receipt of the Client’s payment. These dates and timeframes can be subject to changes or to delays (in particular due to weather conditions, number of participants, traffic). In case of changes (or delays, etc.), the Service Provider will inform the Client within a reasonable time frame and will propose an alternative solution. Any eventual changes and/or delays cannot give rise to compensation or interest or to any form of reimbursement. If the Client cannot avail of the Service, because he or she is late or absent, there can be no expectation of any reimbursement or compensation.
If the Service ordered involves the availability of goods, the terms governing the availability will be detailed in the confirmation email or in an adjoining document (example: for bicycle rental). The cost of the rental (in particular if it involves delivery) is freely determined by the Service Provider and can vary depending on the address and chosen form of delivery.
- Delivery address – Information for the transporter
The rental or transfer services can only take place within geographical areas that are validated by the Service Provider.
The Client is solely responsible for the information provided and must communicate all useful information for the rental or transport service. For journeys with a delivery / meeting point other than a private abode, the Client must supply precise information. In this case, the delivery is made to the reception / lobby of the location. If the information supplied by the Client to the Service Provider is incomplete and / or inexact, the Service Provider cannot be held responsible for its inability to perform the Service.
6. GUARANTEE AND LIMITATIONS
The Service Provider will monitor that the Services offered correspond to the descriptions produced on the website. Minor modifications, that have no impact upon the Service itself, can take place without giving rise to any form of reimbursement (partial or total) or to any form of damages or compensation.
The Service Provider provides the Clients with information about the Services on offer as it receives the information from suppliers. The Service Provider’s responsibility is not engaged by any damages caused during the use or the provision of Services, when the damage is caused to the Client, the Client’s belongings or to third parties, even during the period of guarantee.
When damages to goods (or Services) are caused voluntarily or by negligence (breakages, damp, inadequate temperatures, oxidation, leakage, electricity overload, fire or any other case of force majeur), they are excluded from the guarantee. This is also the case when goods present traces of Client use, dismantling (or repairs and/or modifications carried by a third party that has not been approved by the Service Provider); in the same manner, the guarantee does not apply when the damage results from wear and tear, poor use, and /or non respect for the instructions supplied.
No application of the guarantee can have the effect of extending its duration.
7. RIGHT TO WITHDRAW – CLAIMS
- Right to withdraw
The Consumer has a period of 14 days during which he / she can withdraw from the contract without any requirement to explain this decision. After the 14 day period, the Service Provider is no longer able to accept the cancellation of an order. The period is calculated in the following way:
- For service contracts: starting from the day on which the contract is established
- For sales contracts: starting from the day on which the goods are delivered.
The right to withdraw cannot be exercised if the Service has been performed in full before the expiration of the 14 day period, in agreement with the Consumer. Furthermore, the Client does not have a right to withdraw from transport services and those that include leisure activities, once a specific date or period of execution has been included. The same applies if the Consumer solicits urgent intervention on the part of the Service Provider.
Any request to return goods / cancel a Service when the sender cannot be identified and/or does not respect the required conditions (in particular in terms of time frames or the condition of the goods) will be refused.
To exercise his or her right to withdraw, the Consumer must inform the Service Provider in writing, with confirmation of receipt, of this decision before the end of the 14 day period, using one of the following means:
- Using the withdrawal form template that features in Annex 2 of Livre VI. (« Pratiques du marché et protection du Consommateur») of the Code of economic rights
- Make a totally unambiguous declaration that explains the decision and withdrawing from the contract
If the return/cancellation is accepted, on condition that all of the modalities have been strictly respected and provided that the Service Provider has recovered the goods, the reimbursement of the order will take place within 14 days after the Service Provider has been informed of the Consumer’s decision to withdraw from the contract, performed in compliance with this clause, and using the same payment method as used for the initial transaction. In all cases, the amount refunded will be limited to the amounts genuinely paid by the Consumer. The Service Provider will not refund any additional costs relating to a chosen method of delivery other than the least costly method of standard delivery on offer.
Any claims must be made by the Client as quickly as possible and at the latest within 14 days of the performance of the Service. Once this period has expired, no claims will be accepted. Claims must be made by registered post to the Service Provider’s headquarters and be accompanied by a copy of the invoice and the delivery docket.
The Service Provider cannot be held responsible for any direct or indirect prejudice (loss of business, loss of profit, loss of luck …) whatsoever that results from the use of its website, further to calling upon the Service Provider and using its services, except in cases of wilful misrepresentation or gross and serious fault on the part of its manager, its employees or representatives. Furthermore, the Service Provider cannot be held responsible for errors committed by third parties that intervene at its request (for example in the framework of the airport pick-up service or in the framework of proposed excursions).
The Service Provider declines all responsibility if the information supplied is incomplete and/or inexact and if the Service cannot be carried out (directly or through the intermediary of a third party).
The Client uses the website at his or her own risk. The Service Provider provides the website as is, with all its imperfections and subject to availability. The Client recognises and accepts that computer and telecommunications systems are not exempt from defects and the possibility that service interruption may occur. The Client remains solely responsible for the information that he or she transmits through the website and for what ensues. The Service Provider takes no responsibility with regard to information supplied by the Client to the website during account creation and/or all other encrypted information sent by the Client through the website. The Service Provider declines all responsibility in case of loss and/or divulgation of information communicated by the Client through the Internet site. The Service Provider cannot guarantee that the transmission of data through the Internet site or through other systems of telecommunication is not under surveillance, recorded or deformed by third parties. Furthermore, the Service Provider runs no risks concerning the content of third party sites towards which it establishes a hypertext link, particularly with regard to privacy. The Service Provider cannot be held responsible for any errors that may appear in the text or photos used in the framework of describing the services on sale. The Service Provider declines all responsibility in case of damages that may result from malfaçon, poor functioning or improper use of the Services on sale, except in the case of wilful misrepresentation or gross and serious fault on the part of its manager, its employees or representatives.
The rules pertaining to the protection of Consumers are applicable within the framework of the relationship between the Service Provider and a Consumer. The responsibility of the Service Provider cannot be extended beyond the obligatory legal clauses laid down by law (Livre VI. Pratiques du marché et protection du Consumer du Code de Droit Economique).
In any event, the responsibility of the Service Provider remains in all cases limited to amount paid for the order which has led to the responsibility of the Service Provider being engaged.
9. CASES OF FORCE MAJEURE
The Service Provider cannot be held responsible for Services and/or deliveries that are not performed due to cases of force majeure, such as, and in particular disturbances or partial or total strike action, in case of blocked access to roads and means of transport and/or communication, floods, fires, accidents, breakdowns, etc.
10. PRIVACY and COOKIES
Please refer to the specific clauses that apply.
Should one of the clauses of these General conditions become void, this has no influence upon the validity of the other clauses of the General conditions and does not result in their becoming void.
The Service Provider retains the right to modify the General conditions at any time, once the Client is informed of this. Informing the Client will take place either by e-mail or by a change to the website or by any other means put in place by the Service Provider. The Client will be invited to demonstrate his or her agreement with the new General conditions. In the absence of agreement, the Client will no longer be able to avail of the Services. The new General conditions come into effect 30 (thirty) days after the Client has been notified.
The Service Provider can sign away, transfer or dispose of its rights and obligations in any other way, wholly or partially, at any time and without prior notice. This signing away cannot adversely affect the Clients.
All of the contents of the website (including texts, photographs, etc.) are protected by copyright law, branding laws and other intellectual property laws. These elements are the property of the Service Provider or other third parties with whom the Service Provider has entered into agreement. Due to this, any copy, publication, reproduction or any other use, under any form whatsoever, are strictly forbidden within prior written autorisation from the Service Provider. Any breach may lead to civil/criminal proceedings.
12. ACCOMMODATION CANCELLATION
a) Cancellation 61 days or more before the first day of the contract: refunds the last month of rent, and half of the security deposit ;
b) Cancellation between 60 and 31 days before the first day of the contract: refunds the last month of rent but does not refund the security deposit ;
c) Cancellation between 30 days and the first day of the contract: refunds half of the last month of rent, and does not refund the security deposit ;
d) Cancellation after the first day of the contract: no refund.
APPLICABLE LAW AND JURISDICTION
The relationship between the parties falls under Belgian law. In case of litigation, the only competent Courts and Tribunals are those of the judicial district of Liège, LIEGE division. The language of proceedings will be French.
The terms mentioned hereafter correspond to the terms defined under the General conditions.
Any person using the services of the Service Provider signals agreement with the collection and handling of data of a personal nature, in compliance with the information given hereafter. In particular, you agree to our collection, use, divulgation, storage and protection of your personal information as described hereafter. If you do not supply the required information, it may be that you cannot avail of all of the services offered by the Service Provider.
Privacy – Confidentiality
To use the services offered by the Service Provider, you are required to communicate your email address, and in some cases, to create a password and to provide other data of a personal nature, such as your name, address, telephone number, etc. This information cannot be seen by other users.
The Service Provider, as well as all related companies, agents and representatives, is committed to handling data in compliance with the law of 8 December 1992 pertaining to the protection of privacy with regard to handling data of a personal nature.
The information provided below should be read in complement to the General conditions of the Service Provider, which remain applicable.
The manager responsible for handling the data collected is SPRL ERAS’MUST, whose headquarters are located in Liège, Boulevard de la Sauvenière 118 (BCE : BE 675 869 868) (e-mail : email@example.com).
The required data is transmitted to the Service Provider through a secure server and stored in our data base.
Necessary data collection
The following personal information is gathered:
- Your contact details: name, address, telephone number, e-mail, date of birth, gender, etc.
- All of the encrypted information on the website, as well as preferences you have recorded
- Information about your purchases or any other contact regarding the transaction that has been carried out or to which you have contributed
- All content that you generate or content related to your account (example: adding items to your basket)
- Financial information relating to the transaction (account number, credit card number, etc.)
- All relevant information for delivery, invoicing or other, used to purchase a Service
- Information transmitted during your exchanges with the Service Provider or other users of the website
- The IP address attributed to you on connection, as well as the time and date of access to the site
- Your browsing history
- The type of device, the type of browser used, as well as the platform and operating system installed on the device (computer, tablet, smartphone, …)
- The search engine and key words used to find the site
- Information about geolocalisation, including information about your device’s location (the geolocalisation service can be deactivated on most mobile devices)
- Personal information gathered with the help of cookies, web beacons and other similar technology
The Service Provider may also gather information that comes from other public or third party sources, within the confines of the law.
In some cases, if the website requires, it may happen that you share information that comes from social media sources, in particular when you connect to the website, and we may store this data. These social media can give us automatic access to some of your personal information that they store. These elements can be controlled through the confidentiality settings of the social media in question.
If you supply us with personal information about a third party, you should only do so with their express prior consent. You should inform this third party about the way in which we gather, use, divulge and store their personal information.
Your personal data is always handled in a manner that is compliant with current legislation.
The data is gathered in order to allow good use and improvement of the Services, the website, Client and user management, and also to combat abuses, misuse of Services and/or irregularities. It can also be used by the Service Provider to communicate information about its Services and/or partners’ products.
More specifically, the Service Provider can use and store personal information to the following ends:
- To supply, improve and personalise the Services
- To allow access to the Services and their use, as well as their evaluation
- To track your basket of purchases, your areas of interest, etc.
- To give you access to the history of your purchases, your internal messages and other features
- To offer you other services depending on your areas of interest and the data gathered
- To offer you services depending on your location (advertising, search results and other personalised content), through geolocalisation
- To contact you (by any means you provide) about your account and to offer customer service or to handle technical problems, resolve litigation, recover fees and other sums of money due, to get your opinion with the help of questionnaires, to respond to your requests, to send you a newsletter, to contact you for purposes of prospection, unless you have expressly refused this use, etc.
- To personalise and improve advertising and marketing communications and evaluate them in terms of your preferences
- To offer you gift vouchers, reductions and special promotions, and to inform you about our services and those of our partners
- To prevent, detect, limit and enquire into fraudulent or illegal activities as well as any security breaches
In case of dispute, the user data of a personal nature can be transmitted to a third party in charge of handling disputes (firm of lawyers, debt collection service, etc.), who will also be careful to respect applicable law with regard to this information.
The data gathered can be transferred to a third party, in particular in the case of a partnership or in the case of an eventual signing away of the Service Provider and/or its assets.
The data that is gathered is stored on servers and preserved for the amount of time required to lead to the end results mentioned above. Once this period has passed, the data is either deleted, or archived in an anonymous manner and preserved for statistical purposes only. The protection of the data gathered and stored responds to the applicable standards in such matters.
Access to data, rectifications, opposition and deletion
If you would like to obtain information about data that concerns you, how it is communicated and to find out if this data is subject to handling, you can ask the Service Provider. If the data stored by the Service Provider is inexact, incomplete or irrelevant, you can ask for it to be rectified at no cost.
If you do not wish to receive marketing information from us, you can unsubscribe by clicking on the link included in the email you received, modify your settings or indicate your preferences in communication by directly communicating with the Service Provider. You can also oppose handling of your data, in particular when it is gathered in order to perform direct marketing, ask for it to be deleted or forbid its use.
Any request must be made in writing, dated and signed and accompanied by proof of identity and send to the headquarters of the Service Provider. Your request will be handled within 1 calendar month.
The Service Provider takes no responsibility for any eventual erroneous information which is transmitted by users. Each user is responsible for the confidentiality of his or her data.
The Service Provider has taken all useful measures to secure the personal data which is collected and prevent its theft, loss, destruction, corruption, etc. Nevertheless, no technology is infallible and users are perfectly well informed of this. The Service Provider declines all responsibility, in particular in case of loss, total or partial destruction, corruption or fraudulent acquisition of data provided by its services, as well as any damages that may ensue.
If you would like more information about personal data and its handling, you can consult the Commission for the Protection of Privacy: www.privacycommission.be
Rue de la Presse, 35, at 1000 Bruxelles.
We are also open to any comments which you would like to make regarding respect for your privacy and the handling of your personal data by the Service Provider.
The terms mentioned hereafter correspond to the terms defined in the General conditions.
A cookie is a small text file that is saved to your computer (or your mobile device) by the websites that you visit. Cookies allow websites to remember your actions (user name, display settings etc.), by conserving permanent or temporary information, thereby avoiding your encoding them once again when you return to the website. Cookies can only be used by the website which created them.
A cookie is not a way to identify website users. Cookies only record information about your website navigation. The cookies allow the Service Provider to analyse the use of the site by its users (duration of visit, page visited, market research requirements, etc.).
Web beacon are electronic images that are integrated to the code of a webpage and perform the same function as cookies. They allow user movements on a web page to be tracked in order to optimise traffic to the website.
Advertising that is displayed on the website may be supplied by third parties that use their own anonymous cookies in order to calculate certain data (examples: the number of times a Client looks at the advert). These cookies cannot be modified or read by the Service Provider. To find out more about third-party advertising cookies, visit the website www.youronlinechoices.com.