Terms and conditions

General conditions End users

We appreciate the confidence you place in Localtomorrow NV, Sint-Denijslaan 96, 9000 Ghent, Belgium (VAT BE0543469620), hereinafter referred to as ‘Localtomorrow’, and take your rights seriously. These general conditions will inform you about your legal situation during the use of our website, website application and application, hereinafter referred to as ‘Services’. By accessing our Services, you agree to comply with the terms and conditions below. These terms are applicable to all offers, orders, agreements,… (without being limitative) with and/or via Localtomorrow.

SERVICES

Localtomorrow offers a communication, order and transaction platform to registered merchants and their customers, the end users. Via Localtomorrow’s Services registered end users can order (and if applicable pay) online at the registered merchants. Localtomorrow is not a party nor a mediator, but only provides the necessary infrastructure to the registered merchants and end users.

REGISTRATION

Every end user who wishes to use our Services, is obligated to register. The registration form has to be completed honestly and in its entirety. By registering on our Services, you confirm to be at least 16 years old. Localtomorrow has the right to refuse your registration or in case of abuse or fraud to undo your registration. There is no claim to the registration. The agreement between Localtomorrow and the end user about the use of Localtomorrow’s Services is concluded at the moment of registration and after confirmation of Localtomorrow, as a rule, per email or by allowing the end user access to the Services.

The end user commits himself to protect his password and other (personal) data entered during and after registration on our Services against unauthorized access. If the end user has knowledge of a (potential) security breach, like theft or unauthorized transfer of (personal) data, or the end user believes such a security breach might happen, he should immediately notify Localtomorrow. The end user, or any other (related) individual, is not allowed to access the account of another registered individual or merchant. The end user commits himself to update his password regularly.

RIGHT OF RENUNCIATION

The end user has the right to renounce his purchase as long as the registered merchant has not approved the order yet. The registered merchant always has the right to refuse an order. In case of approval/refusal the end user will receive an email. This means, that the end user no longer has the right the renounce his purchase from the moment the registered merchant approves the order. This is the moment the agreement between the registered merchant and the end user is concluded. The end user can be held accountable for the payment of the order at all times in case of absence at the moment of pickup. In case of home delivery, the end user will do everything within his power to receive the order at the agreed point in time. If the end user cannot meet this point in time, he will contact the registered merchant at least 2 hours upfront.

The registered merchant has only a best efforts obligation when it comes to the access, ordering process, delivery or other services via his Localtomorrow webshop. He has the right to (partially) delete his webshop at any given moment due to maintenance, updating or any other reason and this without obligation to notify the users.

PICKUP/DELIVERY OF YOUR ORDER

The pickup address is the shop address of the registered merchant at whom you ordered, unless stated otherwise on the registered merchant’s webshop. The delivery address is determined during the ordering process. Localtomorrow cannot be held accountable for late or ‘forgotten’ orders. The registered merchant remains accountable at all times for the timely preparation and delivery of your order.

The end user is obligated, under penalty of loss of rights, to inspect the order at the moment of receipt. Each problem or lack related to the products’ quality should be reported to the registered merchant immediately. The burden of proof lies with the end user.

The registered merchant cannot be held accountable for delays and/or non-execution of the agreement in case of force majeure, difficulties due to strikes, server problems, transport or communication issues, floods, fire, website errors, payment service provider errors, acts of God, … (without being limitative).

The registered merchant cannot be held accountable for any damage or personal injury caused by inappropriate, incorrect or irresponsible use of the product or for any damage caused by gross negligence or intentional misconduct of a third party or the end user or his representative.

PRICES AND PAYMENT

The prices displayed at our Services are applicable. Only in case of ‘target price’ the actual price can slightly deviate in the shop (e.g.: in case of products which are priced per kg). The registered merchant is responsible to signal target prices. If he uses the ‘Target Price’-feature provided by Localtomorrow, the end user is reminded of the potential price change several times.

All prices include VAT, but might exclude additional costs (e.g.: delivery cost). These additional costs can be added during the ordering process. The registered merchant is responsible to keep his prices up-to-date. The order will not be processed nor pushed to the registered merchant if the payment was not authorised, unless the end user chose to pay at the moment of pickup.

INTELLECTUAL PROPERTY

All rights concerning the software of Localtomorrow including the trade mark, name, logo, design, layout, code, concept, procedures, … (without being limitative) of Localtomorrow remain property of Localtomorrow at all times and will never be transferred to the end user. Also the pictures taken by the Localtomorrow-photographer remain property of Localtomorrow. The end user can only use the information available on the Services for personal and non-commercial purposes.

INFORMATION

The registered merchant is responsible for the correctness of the product information and has to make sure that this information is correct and complete. The products are displayed as accurate as possible and the pictures are made with the greatest care for detail. However, they are displayed for illustrative purposes only in order to facilitate the end user’s choice. The actual products might visually deviate (e.g.: colour, volume and shape). Localtomorrow cannot be held accountable for incorrect or incomplete information on a registered merchant’s webshop.

APPLICABLE LAW AND JURISDICTION

The Belgian law is applicable. Only the courts located in the judicial district of Ghent will be authorized in case of a dispute. In case one of the above conditions is not legitimate, the other conditions remain applicable at all times.

CONTACT

Each question, request or remark concerning the use of our Services is welcome and should be addressed to Localtomorrow NV, Sint-Denijslaan 96, B-9000 Ghent. You can contact us by phone via +32 491.36.36.28 or by email via info@bestelonline.be.

All personal data processed during the use of our Services is treated with due care. More information about our privacy policy can be found here.

We use cookies to improve your browsing experience. More information about our cookie policy can be found here.

General conditions Registered merchants

We appreciate the confidence you place in Localtomorrow NV, Sint-Denijslaan 96, 9000 Ghent, Belgium (VAT BE0543469620), hereinafter referred to as ‘Localtomorrow’, and take your rights seriously. These general conditions will inform you about your legal situation during the use of our website, website application and application, hereinafter referred to as ‘Services’. By accessing our Services, you agree to comply with the terms and conditions below. These terms, as well as the terms for end users as stated above, are applicable to all offers, orders, agreements,… (without being limitative) with and/or via Localtomorrow.

SERVICES

Localtomorrow offers a communication, order and transaction platform to registered merchants and their customers, the end users. Via Localtomorrow’s Services registered end users can order (and if applicable pay) online at the registered merchants. Localtomorrow is not a party nor a mediator, but only provides the necessary infrastructure to the registered merchants and end users.

ENTRY CONDITIONS

As merchant you can register your company on our Services at all times. Localtomorrow has, however, the right to refuse your registration or in case of abuse or fraud to undo your registration. There is no claim to the registration. After your registration, you can start to create your personal webshop. You have the right to explore our settings for 15 days for free. The 15th day you will receive a first invoice for the following 12 months, regardless the state of your webshop at that moment. The agreement between Localtomorrow and the registered merchant about the use of the Services of Localtomorrow is concluded at the moment of registration and after confirmation of Localtomorrow, as a rule, per email or by allowing the registered merchant access to her Services. The first invoice can also serve as a confirmation of the agreement. The agreement itself will be sent in the same week as the first invoice. At launch, you will also receive your preferred marketing material.

The registered merchant commits himself to protect his password and other (personal) data entered during and after registration on our Services against unauthorized access. If the registered merchant has knowledge of a (potential) security breach, like theft or unauthorized transfer of (personal) data, or the registered merchant believes such a security breach might happen, he should immediately notify Localtomorrow. The registered merchant, or any other (related) individual, is not allowed to access the account of another registered individual or merchant. The registered merchant commits himself to update his password regularly.

INVOICING

Invoices of Localtomorrow have to be paid within 30 days, unless stated otherwise on the invoice. Localtomorrow only charges a monthly fee. Daily updates will always be free of charge. Only if you wish to receive specific modifications to your webshop, a proposition will be made. Direct debit is the standard payment method.

For each invoice that has not been paid in full on the due date, you are liable to pay – by operation of law and without prior notice of default – late payment interest of 2% per month in arrears, whereby a month that has already started is to be considered as fully completed, while the amount due will be increased with all collection costs paid by Localtomorrow in connection with the collection of the debt, plus 20% of the invoice amount, with a minimum of 150 euros (excl. VAT) by way of lump sum damages, without prejudice to Localtomorrow’s right to claim higher compensation.

Localtomorrow also reserves the right to (temporarily) put the webshop or website offline until it has received actual and full payment.

EXIT CONDITIONS

The agreement shall be tacitly renewed on a yearly basis unless Localtomorrow or the registered merchant denounces it in writing three months before the date of expiry. It that case, the agreement will end on the applicable end date and all data with regard to the registered merchant will be deleted.

RIGHT OF RENUNCIATION

The end user has the right to renounce his purchase as long as the registered merchant has not approved the order yet. The registered merchant always has the right to refuse an order. In case of approval/refusal the end user will receive an email. This means, that the end user no longer has the right the renounce his purchase from the moment the registered merchant approves the order. This is the moment the agreement between the registered merchant and the end user is concluded. The end user can be held accountable for the payment of the order at all times in case of absence at the moment of pickup. In case of home delivery, the end user will do everything within his power to receive the order at the agreed point in time. If the end user cannot meet this point in time, he will contact the registered merchant at least 2 hours upfront.

The registered merchant has only a best efforts obligation when it comes to the access, ordering process, delivery or other services via his Localtomorrow webshop. He has the right to (partially) delete his webshop at any given moment due to maintenance, updating or any other reason and this without obligation to notify the users.

CLIENT RELATION

The agreement between Localtomorrow and the registered merchant only determines rights and obligations for Localtomorrow and the registered merchant. Localtomorrow can never be held accountable for obligations stemming from the relation between the registered merchant and the end user. The registered merchant carries the full responsibility concerning (the management of) his webshop via Localtomorrow. This also means that Localtomorrow can never be held accountable for damage and/or lost profits, strikes, loss of opportunities, loss of anticipated savings, bad management, waste of (work-)time or any unlawful actions due to the use of Localtomorrow’s Services, with the exception of deliberate actions. The registered merchant remains accountable at all times for the timely preparation of the orders.

INTELLECTUAL PROPERTY

All rights concerning the software of Localtomorrow including the trade mark, name, logo, design, layout, code, concept, procedures, … (without being limitative) of Localtomorrow remain property of Localtomorrow at all times and will never be transferred to the registered merchant. Also the pictures taken by the Localtomorrow-photographer remain property of Localtomorrow. All information needed to create the webshop and delivered by the registered merchant (such as name, opening hours, products, …) are property of the registered merchant. The registered merchant and Localtomorrow will respect the confidential character of the agreement and all properties that it includes except in case of legal obligation, force majeure or when this information was already known before the agreement or when the information is part of the public domain.

INFORMATION

The registered merchant is responsible for the correctness of the product information and has to make sure that this information is correct and complete. Localtomorrow cannot be held accountable for incorrect or incomplete information on a registered merchant’s webshop.

APPLICABLE LAW AND JURISDICTION

The Belgian law is applicable. Only the courts located in the judicial district of Ghent will be authorized in case of a dispute. In case one of the above conditions is not legitimate, the other conditions remain applicable at all times.

CONTACT

Each question, request or remark concerning the use of our Services is welcome and should be addressed to Localtomorrow NV, Sint-Denijslaan 96, B-9000 Ghent. You can contact us by phone via +32 491.36.36.28 or by email via info@bestelonline.be.