Terms of use

1 INTRODUCTION

1.1 These terms and conditions (the "Terms") are the terms on which this website https://www.xxxxxxxxxxxx (the "Website") is made available to you ("You"/"Your"). Please read these Terms carefully before using Our Website.

1.2 By using or accessing Our Website or purchasing a product which is available for sale on Our Website (a "Product"), You agree to be legally bound by these Terms as they apply to Your use of or access to Our Website.

1.3 If You do not wish to be bound by these Terms then please refrain from using Our Website. We may also amend these Terms from time to time so please make sure You have seen the latest version.

1.4 Where You purchase a Product, Your purchase is subject to additional terms and conditions which will be notified to You when You follow the ordering procedures set out on the relevant order page.

1.5 Nothing in these Terms or any statement appearing on Our Website affects Your statutory legal rights under applicable law insofar as such rights cannot be lawfully limited or excluded.

1.6 If You are a consumer based in the Europe. You have a mandatory legal right to cancel Your order and return the Products to Us for any reason without penalty up to thirty days following the date of delivery.
More information is contained in Our Delivery & Returns Policy which is incorporated into these Terms.

2 Information About Us

2.1 We are ES ARCHITECTURE, a company registered in Belgium under registration number
BE 0795640817 and Our registered address is Kattendijkdok Westkaai 71 bus 1402, 2000 Antwerp. ("We"/"Us"/"Our").

 2.2 If You have any questions, complaints or comments on this Website or the order process then You may contact Us on info@esmeemeyer.com or by post to Kattendijkdok Westkaai 71 bus 1402, 2000 Antwerp.

2.3 Our VAT number is BE 0795640817

3 Buying Products On Our Website

3.1 To order a Product You will need to follow the ordering procedures set out on the relevant order page.

3.2 Details of the prices for the Products, and the procedures for payment and delivery are displayed on or through Our Website. The price of any Product is the price in force at the date and time of Your order. The price of any Product includes VAT but excludes any delivery charge (which will depend on where You are located. Details of where We deliver are contained in Our Delivery & Returns Policy).

3.3 We may make small changes to the appearance or specification of the Products supplied which do not materially affect their quality or function. Any accidental errors or omissions in any sales literature, quotation, price, acceptance of offer, invoice or other document or information made available by Us or on Our Website may be subject to correction without any liability on Our part. All statements given by Us as to the authenticity, description, age, or condition of Products constitute Our opinion or opinions of the producer only (except that this shall not operate so as to exclude any liability that We cannot exclude under applicable law).

3.4 You undertake that all details You provide to Us for the purpose of purchasing Products are correct, that the credit or debit card, or any electronic cash, which You use is Your own and that there are sufficient funds to cover the cost of any Products. We will charge credit or debit cards or Paypal account(s) prior to dispatch of the ordered Product(s) and may only dispatch the Product(s) once relevant funds have cleared. We reserve the right to verify credit or debit card details and carry out such other fraud prevention or credit checks as may be appropriate prior to acceptance or dispatch of Your order. We may refuse to complete an order if We have reason to believe that card information or other personal details You give Us are incorrect or have been supplied fraudulently.

3.5. Discount codes and offers cannot be redeemed on sale or promotional items.

3.6 From time to time We will make promotional codes available. Only one code may be used per transaction. We will alert You to additional specific terms which apply to such promotional codes at the relevant time.

3.7 We warrant that on delivery the Products shall:

3.7.1 conform in all material respects with their description;

3.7.2 be free from material defects in design, material and workmanship; and

3.7.3 be fit for any purpose held out by Us on Our Website.

3.8 Subject to 3.10 below, if:

3.8.1 You give Us notice in writing within one year of delivery that some or all of the Products do not comply with the warranty set out at 3.7;

3.8.2 We are given a reasonable opportunity of examining such Products; and

3.8.3 You (if asked to do so by Us) return such Products to Our place of business at Your cost,

We shall, at Our option, repair or replace the defective Products, or refund the price of the defective Products in full.

3.9 We shall not be liable for Products' failure to comply with the warranty set out at 3.7 in any of the following events:

3.9.1 You make any further use of such Products after giving notice in accordance with 3.8;

3.9.2 the defect arises because You failed to follow Our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Products or (if there are none) good trade practice regarding the same;

3.9.3 You alter or repair such Products without Our written consent;

3.9.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or

3.9.5 the Products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

3.10 Except as provided herein, We shall have no liability to You in respect of the Products' failure to comply with the warranty set out at 3.7.

3.11 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from these Terms.

3.12 These Terms shall apply to any repaired or replacement Products supplied by Us.

4 Six The Residence Products

4.1 You must pay for the Products by credit, debit card, Klarna or by Paypal at the time of the order, at which time You will be notified of the current price (which includes VAT).

4.2 We are entitled to refuse any order placed by You. Your order is accepted only when We confirm acceptance to You by online electronic means ('Confirmation') to the e-mail address You have given Us on ordering. We will use reasonable endeavours to deliver Your order by the date set out in the Confirmation. We may amend any errors in pricing referred to on the Website and We will contact You in writing if this happens.

4.3 To cancel Your order after it has been dispatched to You, You will need to follow the Returns Policy & Procedure.

5 Modifications to Website/Product Lines

5.1 We reserve the right to alter or suspend any aspect of Our Website or the content or discontinue Product lines available through it, including Your access to it. Unless stated otherwise, any new features including new content, and/or the sale of new Products shall be subject to these Terms.

5.2 Whilst We will endeavour to make sure Products are in stock, all advertised Products are made available for purchase subject to availability and We cannot be liable if a particular Product is not available. We will endeavour to inform You by email if any Product You have ordered is no longer available and refund any money You have previously paid.

6 Information You Provide

6.1 The following applies to any information You provide to Us, for example during any registration or ordering process. You must also read Our Privacy Policy which contains important information about the use of Your Personal Information and other information regarding Your Privacy.

You authorise Us to use, store or otherwise process any personal information which relates to and identifies You, including but not limited to Your name and address, to the extent reasonably necessary to provide the services which are available through Our Website by Us or Our sub-contractors. If You obtain or choose to buy Products through Our Website then We may collect information about Your buying behaviour and if You send Us personal correspondence such as e-mails or letters then We may collect this information into a file specific to You. All such information collected by Us shall be referred to in these Terms as "Personal Information";
You must ensure that the Personal Information You provide is accurate and complete and that all ordering or registration details (where applicable) contain Your correct name, address and other requested details.

6.2 If You would like to review or modify any part of Your Personal Information then You should e-mail Us at info@esmeemeyer.com

7 Security

You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to You or selected by You for use on Our Website. You may not share these with or transfer them to any third parties. You must notify Us immediately of any unauthorised use of them or any other breach of security regarding Our Website that comes to Your attention.

8 Applicability of Online Materials

8.1 Personal Use
Unless otherwise stated, text on Our website is presented solely for Your private, personal and non-commercial use.

8.2 Compliance with Law
We make no representations that the materials on Our Website is appropriate or available for use in locations outside Belgium.

9 Copyright

9.1 Your use of Our Website and its contents grants no rights to You in relation to Our intellectual property rights including, without limitation, trade marks or right to any designs, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in relation to content appearing on Our Website.

10.2 You may not copy, reproduce, republish, download, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the content or materials on the Website other than for Your own personal use.

10.3 Any use other than that permitted above may only be undertaken with Our prior express authorisation.

10 Linking and Use of Cookies

10.1 We make no representations whatsoever about any other websites which You may access through Our Website or which may link to Our Website. These links are provided for Your ease of reference and convenience only. When You access any other website it is independent from Us. We have no control over the content or availability of that website. In addition, a link to any other site does not mean that We endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. You agree that You will not involve Us in any dispute between You and the third party. Any concerns regarding any external link should be directed to its website administrator or web master.

10.2 Use of Cookies
10.2.1 As a result of viewing Our Website We may log certain information about You by using cookies. Cookies are small files which are stored upon the hard drive of Your computer. We may use cookies to:

• measure the number of visitors to Our Website;

• see how visitors navigate Our Website and to see which resources they access;

• see what visitors' buying behaviours are to allow Us to see the latest buying trends; and

• see information about visitors' internet connections and the equipment used to access Our Website.

10.2.2 We use this information to help Us to improve the content of Our Website or to improve the matching of Your interests or preferences.

10.2.3 The information We collect using cookies does not identify You personally. For example, it does not identify Your email address. It may include the IP address and/or the domain name of the computer You use. You should be aware that this information might therefore also identify (i) the company You work for (if You access Our Website from Your place of work), or (ii) Your Internet Service Provider. It may also identify information about Your computer, for example Your operating system and browser type.

10.2.4 If You access Our Website by way of a hardware firewall, a proxy server or any other kind of router (such as a dial-up modem connection at Your ISP) then it is the address of the router that will appear in Our logs and not the address of Your computer.

10.2.5 If You do not want a cookie to be stored in Your computer, most Internet browsers have functions to erase cookies from the computer's hard drive or to block all cookies or to receive a warning before a cookie is stored. You are welcome to use such facilities to prevent the installation of any cookie. If You refuse to accept cookies You may be unable to access certain parts of Our Website.

11 Your Use of the Website

11.1 You agree that in using Our Website You will not:

use Our Website in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;

• use Our Website in any way that interrupts, damages, impairs or renders the Website less efficient;

• use Our Website for any purpose other than Your personal use;

• email, transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing; threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

• advertise or promote third party or Your own products or services including by way of the distribution of 'spam' email;

• transfer files that contain viruses, trojans or other harmful programs; or

• access or attempt to access the accounts of other users or to penetrate or attempt to penetrate Our Website security measures.

11.2 We reserve the right to suspend, restrict or terminate Your access to Our Website at any time without notice at Our discretion if We have reasonable grounds to believe You have breached any of the restrictions above.

11.3 You confirm that:

You will comply with the restrictions on Your use of the Website as set out in these Terms; and
in relation to any material submitted to or posted on the Website You have the right to do so and have obtained all necessary licences and or approvals.

12 Availability of our Website

12.1 We will try to make Our Website available but cannot guarantee that Our Website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability.

12.2 Access to Our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond Our control.

13 General

13.1 Alterations
To the fullest extent permitted under applicable law, We may alter these Terms from time to time and post the new version on Our Website, following which all use of Our Website will be governed by that version. You will be deemed to have accepted any such changes by Your use of Our Website from such time. You must check the terms and conditions on Our Website regularly.

13.2 Illegality
If any provision of these Terms is found by a court or regulator to be illegal, unlawful, invalid or unenforceable the other provisions shall continue to apply.

13.3 Jurisdiction
In the event of any dispute between You and Us concerning these Terms, Belgian law will apply. If You wish to take court proceedings against Us You must do so in the Belgian court.

13.4 Causes beyond Control
Neither you nor Six The Residence Limited will be held liable for any failure to perform any obligation to the other due to causes beyond Your or Our respective reasonable control.

13.5 No Waiver
If you breach these Terms and We take no action against You, We will still be entitled to enforce Our rights and remedies in any other situation where You breach these Terms.

14 Notices

All notices shall be given:

to Us via e-mail at info@esmeemeyer.com
to You at either the e-mail or postal address You provide during any ordering process.

Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

15 Replacement

These Terms replace all other terms and conditions previously applicable to the use of Our Website and You acknowledge that these Terms supersede and cancel all previous contracts, agreements and arrangements whether oral or written, express or implied, with You. These Terms prevail over any other terms or conditions of sale or purchase contained in or referred to elsewhere or implied by trade, custom or course of dealing.

16 Discount Codes

Offers cannot be combined with any other discount or promotion and are not applicable on sale items. The discounts cannot be used on giftcards on the Es architecture website.