+32 493 35 28 70 contact@newgensourcing.com

Data privacy policy (GDPR compliant)

General terms and conditions of use of the website

General terms and conditions for online sales (B2B)

Data Privacy policy (GDPR compliant)

Updated November 1, 2019

1. Parties and Purpose

NewGen Sourcing | Legal Manager Alexandre Boldireff (hereinafter “NewGen Sourcing” or the “Data Controller”)

rue du Coron 98A at 7070 Le Roeulx

BCE / VAT : BE0 741 434 544

Mail: alexandreDOTboldireffATnewgensourcingDOTcom

Telephone: 00 32 493 35 28 70

NewGen Sourcing establishes this Privacy Policy to inform Users of the website hosted at https://newgensourcing.com, (hereinafter the “Site”), in a transparent manner, of the manner in which personal data is collected and processed by NewGen Sourcing.

The term “User” refers to any user, whether a natural or legal person, who visits or interacts in any way with the Site.

As such, NewGen Sourcing determines all technical, legal and organizational means and purposes of processing Users’ personal data. To this end, NewGen Sourcing undertakes to take all necessary measures to ensure the processing of personal data in accordance with the Act of 30 July 2018 on the protection of individuals with regard to the processing of personal data (hereinafter the “Act”) and the European Regulation of 26 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter the “Regulation”).

NewGen Sourcing is free to choose any natural or legal person who processes users’ personal data at its request and on its behalf (hereinafter the “Subcontractor”). If necessary, NewGen Sourcing undertakes to select a Subcontractor that offers sufficient guarantees regarding the technical and organisational security measures for processing personal data, in accordance with the Act and the Regulations.

2. Processing of Personal Data

The use of the Site by Users may result in the communication of personal data. The processing of such data by NewGen Sourcing, in its capacity as Data Controller, or by service providers acting in the name and on behalf of NewGen Sourcing, shall be in accordance with the Law and the Regulations.

Personal data will be processed by NewGen Sourcing in accordance with the purposes set out below via :

  • the newsletter registration form,
  • the contact form,
  • registration in the B2B directory,
  • making appointments online,
  • the use of cookies,
  • Sending questionnaires or surveys relating to the services offered by NewGen Sourcing.

3. Purpose of the processing of personal data

In accordance with article 13 of the Regulations, the purposes of the processing of personal data are communicated to the User and are as follows:

  • to carry out marketing, sales and promotional information activities,
  • sending information and promotions on products and services,
  • to produce statistics in order to improve the website, services and products offered,
  • allow better identification of users’ interests.

4. Personal data that may be processed

By visiting and using the Site, the User consents to the collection and processing of the following personal data by NewGen Sourcing in accordance with the terms and principles described in this Privacy Policy:

  • any information voluntarily provided by the User by filling out forms or contacting NewGen Sourcing by any means, such as name, mailing address, telephone number, email,
  • any information automatically collected in relation to his visits to the site: IP address, browser model, operating system, language used, pages visited, navigation time, etc.

5. Consent

By accessing and using the Site, the User declares that he/she is aware of and agrees freely, specifically, knowingly and unambiguously to the processing of personal data concerning him/her. This agreement relates to the content of this Privacy Policy.

Consent is given by the positive act by which the User has ticked the box proposing the Privacy Policy in the hyperlink. This consent is a prerequisite to perform certain operations on the Site or to allow the User to enter into a contractual relationship with NewGen Sourcing. Any contract between NewGen Sourcing and a User regarding the services and goods offered on the Site is subject to the User’s acceptance of the Privacy Policy.

The User consents to the data controller processing and collecting, in accordance with the terms and principles contained in this Privacy Policy, personal data provided by the User on the Site or in connection with the services offered by NewGen Sourcing for the purposes set forth above.

The User has the right to withdraw his or her consent at any time. Withdrawal of consent does not affect the lawfulness of the processing based on the consent previously given.

6. Storage period of Users’ personal data

In accordance with Article 13 §2 of the Regulation and the Law, the Data Controller shall only keep personal data for the time reasonably necessary to allow the fulfilment of the purposes for which they are processed.

This period is in any case less than : 3 years (36 months).

7. Recipients of the data and disclosure to third parties

Personal data may be passed on to employees, co-workers, subcontractors or suppliers of NewGen Sourcing who offer adequate data security guarantees and who collaborate with NewGen Sourcing in the marketing of products or the provision of services. They act under the direct authority of NewGen Sourcing and are responsible in particular for collecting, processing or outsourcing such data.

In all cases, the recipients of the data and those to whom the data has been disclosed will comply with the contents of this Privacy Policy. NewGen Sourcing assures that they will process such data only for the intended purposes, in a discreet and secure manner.

In the event that the data is disclosed to third parties for direct marketing or prospecting purposes, the User will be informed in advance so that he can express his consent to the use of this personal data.

8. Data Protection Officer (DPO)

The following person is appointed Data Protection Officer (hereafter “DPO”): Alexandre Boldireff.

The role of the DPO is to ensure the proper implementation of national and supranational provisions regarding the collection and processing of personal data.

The DPO can be contacted as follows: alexandreDOTboldireffATnewgensourcingDOTcom

9. Users’ Rights

At any time, the User may exercise his rights by sending a message by e-mail to the following address: alexandreDOTboldireffATnewgensourcingDOTcom, or a letter by post, enclosing a copy of his identity card to the following address: rue du Coron 98A, 7070 Le Roeulx (Belgium).

a. Right of access

In accordance with Article 15 of the Rules, NewGen Sourcing guarantees the User’s right of access to his personal data. The User has the right to obtain access to said personal data as well as the following information:

  • the purposes of the processing,
  • the categories of personal data concerned,
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations,
  • where possible, the envisaged period of retention of personal data or, where that is not possible, the criteria used to determine that period,
  • the existence of automated decision making, including profiling, as referred to in Article 22(1) and (4) of the Regulation, and, at least in such cases, relevant information about the underlying logic and the importance and intended consequences of the processing for the data subject.

The Controller may require the payment of reasonable charges based on administrative costs for any additional copies requested by the User.

Where the User submits such a request electronically (e.g. via e-mail address), the information is provided in a commonly used electronic form, unless the User requests otherwise.

A copy of the User’s data will be communicated to the User no later than one month after receipt of the request.

b. Right of rectification

NewGen Sourcing guarantees the user’s right to correct and delete personal data.

In accordance with Article 16 of the Regulation, incorrect, inaccurate or irrelevant data may be corrected or deleted at any time. The User first makes the necessary changes himself/herself from his/her user/other account, unless these changes cannot be made independently, in which case they can be requested from NewGen Sourcing.

In accordance with Article 19 of the Regulation, the Data Controller shall notify each recipient to whom the personal data have been communicated of any rectification of the personal data, unless such communication proves impossible or requires disproportionate efforts. The Controller shall provide the data subject with information about these recipients if so requested by the data subject.

 

c. Right of erasure

The User has the right to obtain the deletion of his/her personal data as soon as possible in the cases listed in Article 17 of the Regulation.

Where the Controller has made the personal data public and is required to erase them pursuant to the previous paragraph, the Controller, taking into account the available technologies and the costs of implementation, shall take reasonable steps, including technical measures, to inform other controllers who process such personal data that the data subject has requested the erasure by those controllers of any link to such personal data, or any copy or reproduction thereof.

The two preceding paragraphs shall not apply to the extent that such processing is necessary :

  • for the exercise of the right to freedom of expression and information,
  • in order to comply with a legal obligation requiring processing in accordance with Union law or the law of the Member State to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller,
  • the establishment, exercise or defence of legal rights.

In accordance with Article 19 of the Regulation, the Controller shall notify each recipient to whom the personal data have been disclosed of any erasure of personal data or any restriction on the processing operation carried out, unless such notification proves impossible or involves a disproportionate effort. The controller shall provide the data subject with information about these recipients if the data subject so requests.

d. Right to limit the processing

The User has the right to obtain the limitation of the processing of his/her personal data in the cases listed in article 19 of the Regulations.

In accordance with Article 19 of the Regulation, the Data Controller shall notify each recipient to whom the personal data have been communicated of any limitation of the processing carried out, unless such communication proves impossible or involves a disproportionate effort. The Controller shall provide the data subject with information about these recipients if he or she so requests.

e. Right of data portability

In accordance with Article 20 of the Rules, Users have the right to receive from NewGen Sourcing their personal data in a structured, commonly used and machine-readable format. Users have the right to pass on such data to another controller without NewGen Sourcing obstructing it in the cases provided for in the Regulation.

Where Users exercise their right to data portability under the previous paragraph, they have the right to have personal data transmitted directly from one controller to another, where technically possible.

The exercise of the right of data portability shall be without prejudice to the right of erasure. This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

The right of data portability shall not prejudice the rights and freedoms of third parties.

f. Right of opposition and automated individual decision making

The User has at any time the right to object to the processing of his personal data due to his particular situation, including the automation of data by NewGen Sourcing. In accordance with Article 21 of the Regulations, NewGen Sourcing will no longer process personal data, unless there are legitimate and compelling reasons for the processing that prevail over the interests and rights and freedoms of the User, or for the establishment, exercise or defense of legal rights.

Where personal data is processed for the purposes of canvassing, the User has the right to object at any time to the processing of his personal data for such canvassing purposes, including profiling insofar as it is related to such canvassing.

Where the data subject objects to the processing for canvassing purposes, the personal data shall no longer be processed for such purposes.

g. Right of complaint

The User has the right to lodge a complaint regarding the processing of his personal data by NewGen Sourcing with the Data Protection Authority, competent for the Belgian territory. Further information can be found on the website:

https://www.autoriteprotectiondonnees.be.

Complaints can be submitted to the following addresses:

Data Protection Authority

Rue de la Presse 35, 1000 Brussels

Phone + 32 2 274 48 00

Fax + 32 2 274 48 35

E-mail: contact@apd-gba.be

The User may also file a complaint with the Court of First Instance of his domicile.

10. Cookies

The Site uses cookies to distinguish Users of the Site. This helps to provide Users with a better browsing experience and an improved Site and content. The objectives and modalities of cookies are contained in this article.

a. General principles

A “Cookie” is a file that is temporarily or permanently deposited on the User’s hard disk when consulting the Website, with a view to later connection. Thanks to cookies, the server recognises the User’s computer.

Cookies may also be installed by third parties with whom NewGen Sourcing collaborates.

Some of the cookies used by NewGen Sourcing are necessary for the proper functioning of the Website, others are used to improve the User’s experience.

The User may personalize or disable cookies by setting up his browser.

By using the Website, the User expressly agrees to the management of cookies as described in this article.

b. Type of cookies and purposes

Different types of cookies are used by NewGen Sourcing on the Site:

  • Technical cookies: they are necessary for the operation of the Website, allow the communication of the data entered and are intended to facilitate the User’s navigation.
  • Cookies for statistical and audience measurement: these cookies enable the recognition of the User and are used to count the number of Users of the Website over a certain period of time. Since they also indicate browsing behaviour, they are an effective means of improving the User’s browsing, by displaying proposals and offers that may be of interest to the User. They also allow NewGen Sourcing to identify possible bugs on the Website and to correct them.
  • Functional Cookies: These cookies facilitate the use of the Website by retaining certain choices entered (for example, user name or language).
  • Tracking cookies: NewGen Sourcing uses tracking cookies via Google Analytics to measure the interaction of Users with the content of the Website and to produce anonymous statistics. These statistics enable NewGen Sourcing to improve the Website. Google supports the explanation of these cookies at http://www.google.nl/intl/en_uk/policies/privacy/.

c. Cookie retention period

Cookies are kept for the time necessary to accomplish the purpose for which they were created. The cookies that may be stored on the User’s hard drive and their retention period are as follows: 13 months

d. Cookie management

11. Limitation of liability of the Data Controller

The Website may contain links to other websites owned by third parties not related to NewGen Sourcing. NewGen Sourcing is not responsible for the content of these sites and their compliance with the Law and Regulations.

The holder of parental authority must give his or her express consent for a minor under 16 years of age to disclose personal information or data on the website. NewGen Sourcing strongly advises persons exercising parental authority over minors to promote responsible and secure use of the Internet. The Data Controller cannot be held responsible for collecting and processing personal information and data from minors under the age of 16 whose consent is not effectively covered by that of their legal parents or for data – in particular concerning age – entered by minors. Under no circumstances will personal data be processed by the Data Controller if the User specifies that he/she is under 16 years of age.

NewGen Sourcing is not responsible for the loss, corruption or theft of personal data caused in particular by the presence of viruses or as a result of computer attacks.

12. Security

The Data Controller implements organisational and technical measures to guarantee an appropriate level of security for the processing and collection of data. These security measures depend on the costs of implementation in relation to the nature, context and purposes of the processing of personal data.

The Data Controller uses standard encryption technologies within the IT sector when transferring or collecting data on the Site.

13. Modification of the Privacy Policy

NewGen Sourcing reserves the right to modify this Privacy Policy to comply with legal obligations. The user is therefore advised to regularly review the Privacy Policy for changes and adaptations. Any such modification will be posted on the Site or emailed to you for your review.

14. Applicable law and jurisdiction

This Privacy Policy is governed exclusively by Belgian law. Any dispute will be brought before the courts of the judicial district of the registered office of NewGen Sourcing.

15. Contact

For any question or complaint relating to this Privacy Policy, the User may contact the Data Controller via the following address: alexandreDOTboldireffATnewgensourcingDOTcom

 

General terms and conditions of use of the website (GTCU)

 

Article 1: General

Access to this website [https://newgensourcing.com], to the services and information it contains is entirely subject to compliance with the general conditions set out below, without prejudice to the application of special conditions. By browsing and/or using this website, the services or the information it contains, the user acknowledges that he/she has fully read, understood and accepted these terms and condition. If you do not agree with these contents, please do not use our website and leave it immediately. Our general terms and conditions can be consulted at any time via the following link.

The user is informed that this website has been created, is managed and administered by :

NewGen Sourcing | Legal Manager Alexandre Boldireff (hereinafter referred to as “NewGen Sourcing” or the “Processor”)

 

rue du Coron 98A at 7070 Le Roeulx

BCE / VAT : BE0 741 434 544

Mail: alexandreDOTboldireffATnewgensourcingDOTcom

Telephone: 00 32 493 35 28 70

Site hosted at O2Switch

Site built by BOLD Studio’s

 

Professional advertisers (hereinafter advertisers) using our website are reminded that they are also subject to compliance with the special conditions accepted for the publication of their information on our site.

The use of the website does not under any circumstances lead to the creation of any collaboration or cooperation agreement and professional advertisers who have not previously contacted us may not publish on our site.

Article 2: Modification

[NewGen Sourcing] reserves the right at any time and from time to time to modify, adapt, supplement or delete these terms of use. The user is therefore invited to read them regularly.

Article 3: Descriptions of services

  • Personal coaching in business efficiency,
  • Training of teams in management,
  • Management consultancy, partnership building and business efficiency
  • Provision of a digital company directory allowing the referencing of professional advertisers.

Article 4: Content

The present site as well as its texts, drawings, photos, illustrations, possible films, data, databases, software, domain names, logos, computer codes and any other element that appears on it are protected by intellectual property rights. Any copy, adaptation, translation, arrangement and/or modification, in whole or in part, in any form and by any means whatsoever – electronic, mechanical or otherwise – is strictly prohibited without the prior written consent of [NewGen Sourcing]. The use of our site and its components is authorized solely for information purposes and for personal and private use. Any violation of this clause may result in civil, commercial and/or criminal prosecution.

Our website [https://newgensourcing.com] is regularly updated and great care is taken in publishing the information contained therein. In this respect, we undertake an obligation of best endeavours. If the user notices an inconsistency, error or shortcoming, he is invited to contact us in order to inform us of it.

The information provided by the advertisers is their sole responsibility, [NewGen Sourcing] cannot guarantee the accuracy, reliability, integrity, timeliness, precision and completeness of this information. NewGen Sourcing] disclaims any and all liability in this regard.  NewGen Sourcing] is also not responsible for the quality of products sold or services offered by advertisers. The user is invited to read the terms and conditions of use specific to each advertiser.

NewGen Sourcing] makes every effort to provide access to its website as far as possible, without any guarantee whatsoever in this respect. However, this access may be interrupted, in particular for maintenance or updating purposes, in the event of a breakdown or for other technical reasons.

Article 5: User account

Certain services and features offered on our site may require the opening of a user account (with login and password). The user undertakes to complete the customer account creation form with accurate and true information. He is informed on this subject that the information marked with an asterisk is necessary for the proper management of his file and the execution of his order. If the information provided is false or incorrect, this may affect the proper management of his file or his order. In this case, [NewGen Sourcing] cannot be held responsible.

The customer account is strictly personal and reserved for the exclusive use of the user who created it. The user is solely responsible for the use of his customer account and undertakes not to disclose his identifiers and passwords to third parties.

The user also undertakes not to impersonate others or to use the user account of others.

Article 6: Site management

NewGen Sourcing] reserves the right to delete any customer or advertiser account, comment or advertisement that it deems to be in conflict with the commitments listed below.

Thus, the user undertakes, among other things, to :

  • Not to use the published information in an illegal manner.
  • Not to use this website in such a way that it is damaged, transformed, interrupted, stopped or made less effective by any means whatsoever.
  • Not to use this website for the transmission or sending of computer viruses or for the transmission or sending of illegal, unlawful or inappropriate content (including, but not limited to, information of an obscene nature or which is detrimental to public order).
  • Not to use this website with the aim of infringing, in any way whatsoever, the rights of a natural person, legal entity or association such as – among others but not exclusively – the right to privacy and intellectual property.
  • Do not use the website for sending or transmitting content for promotional or advertising purposes without first requesting permission from [NewGen Sourcing].

NewGen Sourcing] is not responsible for the possible spread of viruses in the event that, despite reasonable precautionary measures taken, such spread should occur, and disclaims any liability for damages caused by such viruses.

Article 7: Newsletter (optional)

By filling in the fields for receiving the “Newsletter”, you agree to receive information from [NewGen Sourcing] at regular intervals at the e-mail address provided. The user may unsubscribe from the Newsletter at any time by clicking on the button at the bottom of each Newsletter page.

Article 8: Use of cookies (optional)

A cookie is a small text file stored on your computer, tablet or mobile device that allows us to record and track data about your use of the website and your preferences. Our site uses cookies in order to identify you or for statistical purposes, for example. Cookies are managed by your web browser. None of them record personal data that could enable us to contact you by telephone, e-mail or post. You can change your browser settings to prevent the creation of cookies, but it is then possible that certain parts of the site may no longer function properly or be accessible.

Article 9: Hypertext links

The [NewGen Sourcing] site may refer, for information purposes only, to other sites through hypertext links. It is strongly advised, when consulting these sites, to be aware of their privacy policy. NewGen Sourcing] declines all responsibility for the practices and information of websites to which the user may have access through the use of any hypertext links on its own site.

Article 10: Protection of private data

See our data privacy policy here

Article 11: Salvage Clause

The invalidity, unenforceability or illegality of one of the clauses provided for in one of the contracts agreed between the parties (specific and general terms and conditions or other agreements), does not in any way entail the invalidity or nullity of the other provisions of the contract. All the clauses shall remain in full force and effect.

Article 12: Applicable law

Unless mandatory provisions or public policy provisions to the contrary supersede this clause, in the event of a dispute between the parties hereto, the courts of the judicial district of the registered office of [NewGen Sourcing] shall have exclusive jurisdiction. The applicable law is Belgian law.

The parties accept, within the framework of their relations, electronic means of proof (e.g. email, computer backups, etc.).

 

General terms and conditions for online sales (B2B)

 

Preamble – Company Identification :

 

The present conditions of sale are applicable to all distance sales carried out between on the one hand :

The company NewGen Sourcing | Legal Manager Alexandre Boldireff (hereafter ” NewGen Sourcing ” or the ” Processing Manager “)

whose registered office is at :

rue du Coron 98A at 7070 Le Roeulx

registered with the Banque Carrefour des Entreprises under number 0741.434.544, hereinafter referred to as “the seller” and, on the other hand, any person wishing to make a purchase via the seller’s website, hereinafter referred to as “the buyer”.

contact details :

Mail: alexandreDOTboldireffATnewgensourcingDOTcom

Telephone: 00 32 493 35 28 70

Users of our website are informed that only buyers acting for professional purposes and having a business number can make purchases via our site.

 

Article 1: Purpose

The present conditions of sale aim to define the contractual relations between the seller and the buyer as well as the conditions applicable to any purchase made through the seller’s website.

By accepting the order confirmation via our website, the buyer expressly acknowledges having read, understood and accepted these terms and conditions, it being understood that any order of a product via our site implies the prior and express consultation and acceptance of the general conditions of sale. The present general terms and conditions of sale may be saved or printed by the customer. They can also be communicated on simple request by email to the customer.

The provisions to which it is not expressly derogated remain of application. The application of these general terms and conditions can only be changed by our written agreement or by special terms and conditions.

The seller reserves the right to amend its general terms and conditions at any time. The conditions applicable to the order are those in force at the time of the confirmation of the order.

In the event of a conflict between the general terms and conditions of our co-contractors and ours, it is agreed that only the latter shall prevail.

 

Article 2: Order

Unless otherwise stipulated in writing, the products and/or services offered are those listed in the catalogue published on our website on the day of the order, within the limits of available stocks.

In order to place a valid order, the buyer must:

  • – fill in the identification form or give his customer number if he has one;
  • – fill in the online order form giving all the references of the products or services chosen;
  • – validate his order after having checked it;
  • – Acknowledge having read these general conditions and having accepted them;
  • – make the payment under the conditions provided;
  • – confirm the order and payment.

Any order sent to us is only binding after written confirmation sent by email to the customer.

Any offer on our part is made without obligation and is only valid for 30 days from the date of issue. This one engages us only by written confirmation (mail or email from our official email address).

The sale shall be deemed complete upon written confirmation of the order by the seller. No shipment of goods will be made without order confirmation and receipt of full payment of the order.

Products and services are offered within the limit of available stocks. In case of unavailability of an item, the seller will inform the buyer by e-mail as soon as possible.

Article 3: delivery – transport: (optional)

The seller undertakes to make deliveries of available items ordered within 5 working days at the latest. The delivery of the product(s) ordered takes place at the address mentioned by the customer when ordering. Transport is at the buyer’s risk.

Upon delivery of the goods, the buyer checks whether the products correspond to his order. In the event of missing, damaged or not corresponding to the order carried out, the purchaser is invited to contact the customer service by email to contactATnewgensourcingDOTcom.

Article 4: Prices

The prices of the products and services displayed on the site are indicated in euros excluding tax.

The prices indicated do not include transport costs (optional), which are mentioned in a separate item when ordering.

The seller reserves the right to pass on in its prices any changes in the factors that determine prices, such as the price of basic materials, salaries, taxes, production costs, exchange rates, etc., which may affect the prices of the products and services displayed on the site.

Article 5: Geographical areas

The online sale of the products and services presented on the seller’s site is reserved for buyers residing in Belgium, France, Luxemburg and Switzerland and for deliveries required in this geographical area.

Article 6: Payment terms

Unless expressly agreed otherwise in writing, in order to validate the order, the customer is required to pay the total amount of the order, including taxes and fees, directly and in advance.

The buyer can make his payment in the following way:

  • Paypal
  • VISA, AMERICAN EXPRESS or MASTERCARD credit card

In the event that payment is made on invoice, the customer is informed that invoices are payable within 30 calendar days of their dispatch at the latest.

Any invoice unpaid on the due date shall automatically and without prior formal notice produce conventional interest of 12% per year, any month begun being due in full, with a minimum rate in accordance with that provided for in Article 5 of the Law of 2 August 2002 on late payment in commercial transactions.

Any invoice unpaid on the due date will, moreover, be increased, automatically and without formal notice, by a fixed and irreducible indemnity of 10% of the amount remaining unpaid with a minimum of 40,-€ per invoice as a penalty clause.

Any dispute relating to an invoice must be sent to us in writing within eight calendar days of its dispatch. Once this period has elapsed, the invoice shall be deemed to have been accepted by the customer.

Article 6 bis: Retention of title clause

The seller retains ownership of the goods sold until full payment of the price and its accessories (possible costs, interest and penalties).  Consequently, the customer expressly refrains from selling, assigning, pledging and in general alienating the goods that are the subject of the contract, before settlement of his account.

The seller may invoke this retention of title clause eight calendar days after sending a formal notice to pay, by registered letter with acknowledgement of receipt, sent to the buyer and remaining without effect. The goods must then be returned to the seller immediately upon request.

The customer shall nevertheless remain solely liable for the loss, even by fortuitous event or force majeure, of the goods sold.

Article 7: Responsibilities

The seller, in the process of selling online, is bound only by an obligation of means. Its responsibility cannot be engaged for any damage resulting from the use of the Internet network and online payment such as data loss, intrusions, viruses, service interruptions or other involuntary problems.

The data included on the site are communicated in good faith. The links proposed to the sites of the manufacturers and/or partners are given for information only and have no contractual value. The seller cannot be held responsible for the information coming from these sites.

The buyer is responsible for the choice and use of the product delivered by the seller.  He certifies that he is 18 years old at the time of order.  The seller declines all responsibility in case of inaccuracy of the information communicated to him by the buyer.

Article 7 bis: Force majeure and unforeseeable circumstances

In the event of force majeure (without this list being exhaustive: strikes, traffic disruptions, government measures preventing the seller from fulfilling its obligation, bad weather, storms, fire, flooding, insurrection, revolts, wars, computer bugs or viruses, technical incidents and labour shortages, etc.) or unforeseen circumstances, the deadlines are suspended until the force majeure or unforeseen circumstance ends. By unforeseen circumstance is meant any reasonably unforeseeable circumstance at the time of the submission of the offer or the validation of the order that would make the performance of the contract more difficult or more onerous, financially or otherwise, beyond normal expectations.

If such circumstances do not cease, they entitle the parties to request the revision or termination of the contract (beyond 6 months).

Article 8: Intellectual Property

The present site as well as its texts, drawings, photos, illustrations, possible films, data, databases, software, domain names, logos and any other element that appears on it are protected by intellectual property rights. Any copy, adaptation, translation, arrangement and/or modification, in whole or in part, in any form and by any means whatsoever – electronic, mechanical or otherwise – is strictly prohibited without the prior written consent of [NewGen Sourcing]. Any violation of this clause may result in civil, commercial and/or criminal prosecution.

Article 9: Personal data

The personal data communicated by the customer are strictly confidential and managed by the data controller.

See our privacy policy here.

These are only used in the context of the processing of the customer file and the proper execution of the customer’s order. The customer is informed that if he does not provide us with accurate data, this may hinder the smooth running of the order process.

The customer may at any time object to the processing of his data for purposes other than the proper handling of the order. The customer may also at any time consult them and modify them if necessary by sending his request to [alexandreDOTboldireffATnewgensourcingDOTcom].

Article 10: Proof

The parties accept, within the framework of their relations, electronic means of proof (as an example and without this list being restrictive: email, computer backups, …).

Article 11 : Dispute resolution

The present conditions of online sale are subject to Belgian law, in French language.

In the event of a dispute, the courts of the seller’s registered office are competent, except in the event of mandatory legal provisions or public order to the contrary.

Article 12: saving clause

The invalidity, unenforceability or illegality of one of the clauses provided for in one of the contracts agreed between the parties (specific and general terms and conditions or other agreements), does not in any way entail the invalidity or nullity of the other provisions of the contract. All the clauses shall remain in full force and effect.