Article 1 – OBJECT
The non-profit making organization Belgian Society of Psychanalysis (hereinafter, “BSP”), having registered office at 49 Rue Emile Claus in 1050 Brussels (Belgium), registered with the Crossroad Bank for Enterprises under number 0410.540.820, directs and operates the website and its sub-domains (hereinafter, the “Website”), which consists of an online professional platform allowing in particular the remote ordering of books/reviews/articles/documentation by any natural or legal person for professional purposes (hereinafter the “Customer”).
Article 2 – OPPOSABILITY
These Conditions appearing online on the Website prevail over any other version, printed or not, of an earlier date. Any order from the Customer implies full and unreserved acceptance of these Conditions to the exclusion of any other document.
Any possible derogation from these Conditions shall only be valid if it has previously been expressly accepted in advance by BSP, this derogation not involving any waiver of the application of the other clauses of these Conditions.
BSP reserves the right to adapt these Conditions at any time by giving prior express notice (by email) to the Customer.
The applicable Conditions are those in force on the day the order is concluded. The Customer declares to adhere to it and to accept the content by ticking the box “I order” before confirming the order.
Article 3 – INFORMATION
The Customer declares to have been fully informed of the characteristics of the products he orders. He further certifies by using the Website:
- To be at least 18 years old and have full legal capacity;
- Not to impersonate any other person or entity or use a false name or a name that he is not authorized to use; and not to use the Website for any unlawful purpose whatsoever and agrees to use it in accordance with applicable law.
Article 4 – ORDERS
The products offered by BSP are those listed on the Website on the day of its consultation by the Customer within the limits of available stocks.
The books/reviews/articles/documentation are available in digital format (“PDF”) and/or in paper format, as desired, and within the limits of available stocks. The products are presented on the Website for information purposes only, with the maximum accuracy and precision in order to allow a complete description (photo, price, wording).
Any order on the Website requires the registration of the Customer via the contact form to specify his contact information/e-mail address/etc. BSP’s offers are non-binding and only become binding after the order has been placed and confirmed by e-mail.
At any time, the Customer can view the summary of the products he has selected and continue his order. As soon as he clicks on “Proceed to payment“, the Customer definitively confirms his order: the order is recorded, and the sale is definitively concluded. The Customer can no longer correct any possible errors made in entering the order data.
The contract is deemed to have been concluded upon confirmation by email and implies unreserved acceptance of these Conditions. The order confirmation includes details of the order.
Product offers are valid within the limits of available stocks. BSP’s product catalog is subject to continuous development. After validation of the order and in case of unavailability of the product, the Customer will be informed as soon as possible by e-mail. The Customer may then, electronically, request the cancellation of the order, without it resulting in any compensation to be paid by BSP.
In the event of regular purchases of products, BSP offers the possibility of an “automatic” supply via the Website (see “My Space” section). In the event of acceptance of this subscription formula, the Customer may receive the ordered products (books/reviews/articles/etc.) on a regular basis according to their publication date. Any modification or termination of this subscription formula may be made online on the Website via the contact form or per e-mail to the address firstname.lastname@example.org. In the absence of termination before the next order, the subscription will be continued in its entirety.
Without derogating from the provisions relating to claims provided for in these Conditions, the subscription is concluded for an indefinite period, within the limits of available stocks and subject to the possibility of delivery of the products.
Article 5 – PRICES
The prices of BSP products are indicated on the website in Euros (€) and include VAT and all taxes. Prices are net and exclude postage, delivery and shipping costs.
BSP reserves the right to modify prices at any time and in particular to apply any surcharges on deliveries or parts of deliveries that have not yet been made. Any price increase will be communicated by e-mail at least 7 days before delivery, in which case the Customer will have the right to terminate the next order, upon payment of all possible products already delivered.
Products are invoiced on the basis of the prices in force at the time the order is placed, subject to availability. The confirmation of the order implies the acceptance of the price indicated for the chosen product.
Shipping costs are specified separately in the order summary and must also be paid at the time of ordering. In the order confirmation, the total amount is the final price, expressed all taxes and charges included.
Any order delivered outside Belgium may be subject to taxes and/or customs duties imposed when the order reaches its destination. These are exclusively borne by the Customer and are his responsibility.
Article 6 – DELIVERY
BSP’s product offering is available in all European Union countries. BSP currently does not deliver to the French overseas departments and territories or outside the European Union. Delivery details (country/price/delivery periods) are available under the “FAQ” section of the Website.
The delivery of products in digital format is made at the time of sending the Customer electronically the order confirmation, and this within 24 hours after the order. By sending the confirmation e-mail, BSP has fulfilled its delivery obligation. If the Customer does not receive this e-mail within 24 hours after ordering the products, he must immediately contact BSP via the website.
The Customer accepts delivery/shipment by third party transport/delivery companies, partners of BSP. All costs/taxes/formalities of transport or delivery) as included in the purchase process, are the sole responsibility of the Customer.
Deliveries are only made according to product availability, in the order in which orders are received. Delivery times are given only as an indication and do not commit BSP. Delivery times may be delayed due to independent or external factors (licenses/administrative authorizations/customs fees/etc.). In any event, BSP is in no way responsible for the transport/delivery of the products, which is done at the Customer’s risk, as well as for any defect or delay in this respect.
In addition, BSP declines any responsibility for late delivery or failure to deliver in the event of force majeure or an event beyond its control, making the performance of the Contract impossible or costlier in whole or in part, or in the event of third parties, such as suppliers, or in the event that the Customer fails to meet its commitments. Shall be considered as cases of force majeure: events beyond the control of the parties such as wars, riots, fires, strikes, in particular strikes by transport services, accidents and the impossibility of being supplied.
Article 7 – PAYMENT MODALITIES
Payment for purchases can be made online by credit card (Visa, Mastercard) as well as by PayPal and Bancontact. The price is payable in full in one single payment when ordering. The validation of the order is issued once the debit authorization has been sent by the payment verification and validation body. It is at this time that the Customer will receive confirmation of receipt of payment of the price by e-mail.
BSP uses professional and specialized external partners to process payments by operating a payment platform. In order to guarantee the security and confidentiality of banking data, it is encrypted using the SSL protocol (“Secure Socket Layer”) and is never transmitted in clear text over the Internet.
BSP reserves the right to suspend any order management in the event of refusal of authorization of payment by credit card by accredited organizations or in the event of non-payment. If necessary, it may consider the sale as null and void.
Article 8 – RESPONSIBILITY
The products offered by BSP comply with the European and Belgian regulations in force. BSP cannot be held liable insofar as it has performed its services in accordance with the requirements of these regulations. In no event shall BSP be held liable in the event that, by extraordinary circumstances, these products do not comply with a legal or regulatory requirement in the country in which they are delivered.
BSP is not responsible for any technical or other defects in the packaged products or any incorrect statements in the manufacturer’s general conditions. BSP is not liable for any defect due to lack of professional support or negligent application of the instructions, as well as any inattention or negligence, maintenance or other, or damage, intentional or unintentional.
The Customer expressly releases BSP from any liability whatsoever relating to any material damage that may arise from the use of the products sold as well as for any indirect damage due in particular to the loss of profit, production, activities, customers, harm to the image, etc.
Any possible complaint concerning the non-conformity of the delivery or a visible defect in the ordered product must be addressed in writing, immediately and without delay at the time of delivery:
- via the contact form on the Website or by e-mail to the address email@example.com
- by registered mail to BSP.
The Customer must attach to his written communication the photo evidence of the visible defect(s) of the product ordered. In the absence of such written communication, the complaint will be considered null and void and not admissible.
Under no circumstances, a refund is made if the original packaging has been used and/or damaged, and/or if the product has been used. The return costs are at the expense of the Customer unless expressly stated otherwise.
BSP will assess complaints on a case-by-case basis and in good faith, endeavouring to find the most appropriate solution for the Customer in accordance with its complaint and within the limits of these Conditions. In any event, in the event of a complaint, the Customer remains bound to respect his payment obligations.
Article 9 – INTELLECTUAL PROPERTY – USER LICENCE
The products are intended solely for the Customer’s personal use. The Customer is prohibited from copying, selling, distributing, transmitting, translating, broadcasting, exhibiting, reproducing, publishing, renting, leasing, sub-licensing, licensing or transferring the products in any other way.
In order to be able to use and read the books/reviews/articles/documentation in digital version on its devices (laptop/desktop computer), the Customer must have access to suitable and up-to-date third-party software. BSP reserves the right to unilaterally change the method of use and the delivery process of the products at any time. BSP is in no way responsible for the availability, downloading or proper functioning of the software and/or applications that the Customer uses for consulting digital products.
The Website and all its components (including trademarks, logos, graphics, photographs, videos, texts, etc.), as well as any document, booklet, methodology applied and computer code relating thereto, are the exclusive property of BSP. These are protected by intellectual property rights and may not be used without the prior written consent of BSP. In particular, the Customer may not assert any rights over the computer programs and databases used by BSP in the performance of the Agreement.
In any event, the books/reviews/articles/documentation and all other works of any nature made available to the Customer by BSP are strictly protected by intellectual property rights and in particular by copyright. In the absence of prior express written authorization, they remain the sole property of the rights holders concerned and/or BSP and may not therefore be reproduced or distributed, in any form or by any means.
Article 10 – APPLICABLE LAW AND COMPETENT JURISDICTION
These Conditions are governed, interpreted and applied in accordance with Belgian law.
The courts and tribunals of the district of Brussels shall have exclusive jurisdiction for any dispute concerning these Conditions.