General conditions

Scope

A visitor or member of AllCaps acknowledges having taken cognisance of and accepted the general terms and conditions of AllCaps. These terms and conditions shall always have priority over any terms and conditions of the customer, even if these stipulate that they solely apply. These general terms and conditions do not affect the mandatory rights granted to the consumer-customer by virtue of the legislation in respect of consumer protection.

Any nullity of one or more stipulations of these terms and conditions shall leave the applicability of all other clauses intact. In the event of nullity of one of the stipulations, AllCaps and the customer, as far as possible and in accordance with their loyalty and conviction, shall negotiate to replace the void stipulation with an equivalent stipulation that answers the general tenor of these general terms and conditions.

If AllCaps refrains from demanding the strict application of one of the stipulations of these terms and conditions, this shall not be considered to be an automatic surrender of the rights that AllCaps has by virtue of these terms and conditions and it shall not prevent AllCaps from demanding strict compliance with those stipulations later.

AllCaps reserves the right to adapt or change its general terms and conditions at any time. It is the responsibility of the customer to consult these terms and conditions regularly.

Membership

By registering yourself with your own profile page, you declare that the personal details supplied are correct, accurate and in no way deceptive. You have the statutory legal capacity to enter into an agreement such as this.

AllCaps can terminate your registration as a member at any time, and for any reason and without prior notice.

All members bear responsibility for the consequences of using this site. AllCaps is not responsible for any difficulties in exchanging capsules triggered by its members, such as lost packages, incomplete shipments, incorrect shipments, etc.

AllCaps can stop the service at any time without notice, block membership or remove membership.

Profile details, messages, photos and other public data

All publicly made data must be legal. You expressly acknowledge this provision and are personally responsible for the data, texts and images published by you, both civil and criminal.

Publicly-made data may not infringe copyright, patent or trademark rights, trade secrets or any other proprietary, intellectual, privacy, personality or publicity rights of a third party.

Publicly disclosed data must not be deceptive, threatening, disrespectful, defamatory or harassing.

Force majeure/hardship

If, because of force majeure, AllCaps cannot possibly execute its obligations or the execution thereof is made more difficult to an unreasonable extent, it will be entitled to suspend the execution thereof fully/partially and for the time being for the duration of this force majeure or definitely without being obliged to cancel the order beforehand or to pay any compensation. Conventionally, cases of force majeure shall be: war, blockade, insurrection, industrial action or lock-out, seizure, shortage of means of transport, general shortage of raw materials or products, limitations in respect of energy consumption, either at AllCaps, or at one of its suppliers. In the event of hardship, AllCaps aims to renegotiate the terms of the agreement. If no agreement can be reached between the parties, AllCaps reserves the right to suspend the execution of the agreement entirely or partially for the duration of the hardship.

Personal data

The customer shall permit AllCaps to enter the personal data provided by the customer in an automated database. AllCaps shall act in this respect pursuant to the Act on the processing of personal data of 8 December 1992.

These data will be used with a view to conducting information and promotion campaigns in connection with the activities and/or products offered by AllCaps in the framework of the contractual relationship between AllCaps and the customer.

The customer may always request his personal data and correct them. If the customer no longer wishes to receive commercial information from AllCaps, the customer shall inform AllCaps accordingly.

Language

Unless expressly agreed otherwise, the customer recognises that the language of these general terms and conditions shall also be the working language in all commercial transactions with AllCaps. The original language of these terms and conditions is Dutch. Translations of documents drawn up in another language shall always only serve an informational purpose for the customer.

Privacy disclaimer

General

We understand that your trust in us is our most important asset online. In order to preserve that trust, we made the protection of the privacy of all site visitors and customers of https://www.allcaps.be (hereafter referred to as the “Site”) our priority. This privacy policy applies to the Site, run by AllCaps (hereafter referred to as “we” or “our”). We want to stress out that we act at all times in accordance to the Privacy Act of 8 December 1992 regarding the protection of privacy in relation to the processing of personal data.

We may change, supplement or amend this privacy policy as it relates to any future use of the Site from time to time and for any reason. For this reason, it is highly recommended that you regularly consult the Website and the relevant page on which the Privacy Statement is displayed to ensure that you are aware of any changes. This privacy policy was last modified on 15/05/2018.

To learn more about the way in which personal data are collected and processed on this Site, you need to read the privacy policy. This privacy policy must be read together with our privacy disclaimer.

Processing of personal data

By using this Site and/or communicating your personal information, you automatically agree with the manner in which we collect and process personal data, as described in this privacy policy.

  • Types of personal data: By means of this Site your name, address and email will be gathered, when placing an order, when filling out a contact form, or when registering for the newsletter.

Like many other web sites, the Site automatically collects certain technical information regarding its visitors, such as the Internet Protocol (IP) address of the visitor’s computer, the IP address of the Internet Service Provider, the date and time the visitor accessed the Site, the Internet address of the web site from which the visitor linked directly to the Site, the operating system used by the visitor, the sections of the Site visited, the Site pages accessed and information viewed, and the materials posted to or downloaded from the Site. This technical information is used for the Site’s needs, system administration purposes and to improve the Site.

  • Manner in which the information is being collected: The Site can be visited without submitting any personal information. Personal data is only captured when you create a customer account, when filling out a contact form or when you register for our newsletter and thus specifically and voluntarily provided by you.
  • Information use: We use your personal data only to, respectively, provide the requested information, send the requested newsletters. Your information is only used for own advertisement purposes (announcing new products, special offers or news updates). When you no longer want to receive our newsletter or information about our products and services, you can at any time unsubscribe by clicking on “unsubscribe” at the bottom of your email or by adjusting your personal account on the Site.
  • Disclosure of information to third parties: No information about our visitors will be disclosed to third parties except where it is required to provide a service to you. Nevertheless we have the right to transfer your personal data to the competent authorities at their explicit request.

The data can also be processed by us in a country outside the European Economic Area (EEA). You should also note that the data that is posted by you on public places such as but not limited to comments on the discussion forum or customer reviews, can be consulted by everyone.

Use of email address

Your email address will only be used for the above purposes. Under no circumstances your email address, username or passwords will be sold or rented to third parties. If you wish to no longer receive any newsletters or information about our products and services you can unsubscribe at any time by clicking on the button "unsubscribe", provided at the bottom of each email of AllCaps.

Rights of the visitor

You have the right to consult your data and to ask us, without any cost, about the kind of personal data we have about you, and if necessary to correct these data free of charge. You can exercise this right by contacting us via the contact details as set out below, on the condition that you adequately identify yourself. In addition, you also have the right at your request and free of charge to oppose to the intended processing of your personal data, when the processing is done for the purposes of direct marketing.

Security

We maintain strict policies and security controls to assure that visitor information in our computer systems and files is protected.

We make all reasonable efforts to keep our servers, applications and databases secure and free from unauthorized access and use, by using physical, administrative and technological measure to protect the information maintained. Unfortunately, no one can guarantee 100% security. In case of particular security concerns about certain personal information, it is up to the visitor to decide not to transmit that information over the Internet.

Contact

We are responsible for the processing of your personal data and shall ensure the confidentiality and security of these data. In case of questions, please contact:
AllCaps
info@allcaps.be