GENERAL TERMS AND CONDITIONS OF SALE
General conditions of use and sale of the website https://www.lagileppetrophy.be/
The purpose of the present General Terms and Conditions of Use and Sale (hereinafter "GTCS") is to define the terms and conditions applicable to the online sale offered on the websitehttps://www.lagileppetrophy.be/and the use of this site published by the non-profit association SPORT & TOURISM PROMOTION, registered with the ECB under number 0638.916.135, whose registered office is located at 5000 NAMUR, Avenue de la Plante, 54-55, Box 13 (hereafter "S&TP").
S&TP's contact details are as follows
Email : firstname.lastname@example.org
Mail: Avenue de la Plante, 54-55, Box 13, 5000 NAMUR
Article 1. Definitions
As used herein, capitalized terms and expressions shall have the meanings set forth below, whether used in the singular or plural:
- Evènement: désigne tout épreuve organisée par S&TP (Joggings 7,5km et 15km, XTERRA Ardennes Long Distance, XTERRA Ardennes Full Distance, XTERRA Ardennes Sprint Distance, Triathlon Découverte, Triathlon Découverte Handisport, Triathlon Découverte Handisport Relais, Triathlon Olympique, Triathlon Kids, Triathlon Mini Mini).
- Registration: means the online registration of a Client via the Site. The Registration is validated by the receipt of the confirmation email.
- Customer: Any natural or legal person who has completed and submitted a registration request for an Event and has unreservedly accepted these general conditions.
- Site: refers to the Internet site accessible from the addresshttps://www.lagileppetrophy.be/or any other URL that S&TP may substitute.
- User: means any person who uses the Site, whether a Customer or not.
Article 2. S&TP activity
S&TP's aim is to promote sport by organising sports events and training courses in Belgium and abroad. It pays particular attention to the follow-up and training of sportsmen and women.
Article 3. Scope of application of the GCVU
3.1. The purpose of these GCUV is to (i) define the conditions under which Users may access the Site and register for Events, (ii) manage the relationship between Users, Customers and S&TP.
3.2. The CGUV are applicable to the Users of the Site, whether they are Customers or not. Expressing particular and essential clauses for S&TP, the CGUV prevail over all other general conditions, which the Customer accepts.
3.3. Clients who register on the Site are natural persons who are legally capable or represented. Clients may also be duly represented legal entities.
The Customer declares and guarantees that he/she has the legal capacity as well as the rights, powers, titles and authorisations necessary to register on the Site and to contract with S&TP hereunder.
Article 4. Acceptance and modification of the GCUV
4.1. The User undertakes to respect the CGUV, without restriction or reservation, whether he consults the Site or registers for an Event. The CGUV are notified to Users for acceptance prior to any registration.
For Users who are not registered on the Site, the CGUV are applicable for any consultation or navigation on the Site.
The User must consult the present CGUV before any use of the Site and undertakes to consult them regularly at the addresshttps://www.lagileppetrophy.be/.
The fact of browsing the Site implies acceptance of the CGUV by the User.
4.2. S&TP reserves the right to modify the GCUV at any time and without notice in order to take into account legal, jurisprudential and technical evolutions.
4.2. S&TP reserves the right to modify the GCUV at any time and without notice in order to take into account legal, jurisprudential and technical evolutions.
In case of modification, the CGUV applicable to the Customer are those in force at the date of the Registration.
Each new registration requires the acceptance of the CGUV by the Customer, which he acknowledges and accepts.
4.3. Acceptance of the present CGUV implies acceptance of the Be3 sports rules available athttps://www.lagileppetrophy.be/or at www.lbftd.be. It is the basic regulation for all competitions that are under the Belgian Triathlon League (Be3), the Belgian Francophone Triathlon and Duathlon League (LBFTD) and Triatlon Vlaanderen (3VL).
Article 5. Proposed events
In accordance with the requirements of Book VI of the Code of Economic Law, S&TP presents on the Site a detailed description of the Events offered and the corresponding prices so that the Client can, before registering, know the essential characteristics of the Events (description and location of the Event, method of collecting race numbers, wetsuit rental, optional cancellation insurance, etc.). The Customer declares that he/she has read and obtained from S&TP, prior to his/her Registration, all the information on the Events and their content. The Customer declares that he/she is solely responsible for the choice of the Event and its suitability for his/her needs.
Article 6. Registration
6.1. Registration requires the Customer to click on the "Registration" button on the home page of the Sitehttps://www.lagileppetrophy.be/S&TP specifies that the Registration cannot be transferred to a third party by the Customer. Except in the case of the particular conditions described in article 10 of these GCUV, the Registration for a given Event cannot be carried over to a subsequent Event.
The Customer is invited to follow the following registration process:
- Choice of race ;
- Group ;
- Quick registration ;
- Data entry ;
- Validation of data ;
Choice of race. After clicking on the "registration" button, the Customer is returned to a page on which he/she is invited to select the desired Event according to the distance to be covered (6km and 9km Jogging, XTERRA Ardennes, XTERRA Ardennes Relay, 20km Trail, Discovery Triathlon, Handisport Discovery Triathlon, Handisport Relay Discovery Triathlon, Olympic Triathlon).
Choice of group. On a new page, the Customer is informed of the schedule and price of each available Event (depending on the registration period) and of any terms and conditions.
Quick registration or data entry. The Customer who clicks on one of the "Register!" buttons is then redirected to a page giving him the possibility to connect to his LIKE2SPORT account if he has such an account, or to follow the normal registration procedure by clicking on the "Next" button.
Data entry. The Customer is invited to fill in the fields indicated in the form provided for this purpose.
The identification elements and data provided are strictly personal and confidential. The Customer undertakes to keep his identification details secret and not to disclose them, for any reason whatsoever, in any manner or form whatsoever, to third parties.
In no event shall S&TP be liable for the loss or theft of Customer's identification or for the fraudulent use thereof. The Customer is solely responsible for its use of the Site and actions or statements made through it, whether fraudulent or not. Customer indemnifies S&TP against any claim in this respect which is caused by Customer's fault or negligence.
The Customer is invited to take cognizance of the CGUV and to tick the box relating to their acceptance.
Validation of data. The Customer is also invited to check the information entered, the total price and the Events entered. The Customer can then click on the "Add to my basket" button.
Shopping cart. On this new page, the customer has the possibility to enter a discount code, to see the summary of his basket and to modify it. They are also invited to enter their billing information.
Payment. By clicking on the "Pay my order" button, the customer is taken to a page where he/she can select a payment provider.
The Customer guarantees to S&TP that it is authorized to use the bank card for the payment of its Registration. S&TP shall not be liable in case of fraudulent use of the credit card used for the payment of the Training by the Customer if it is not aware of it.
An email acknowledging receipt of the Registration will be sent to the Customer at the address indicated as soon as possible. This acknowledgement of receipt will include the Registration number as well as its price, the present CGUV or a link to them.
6.2. Any changes to the Registration after confirmation of the Registration are subject to acceptance by S&TP.
6.3. The Registration is finalised on the date of receipt of the payment made by the Customer. The User or the Customer has taken note of these terms and conditions and accepts them.
Article 7. Financial conditions
7.1. The prices displayed on the Site are indicated in euros, including all taxes. These prices take into account the VAT applicable on the day of the Registration. The total amount due is indicated on the Registration confirmation page.
7.2. An additional fee is charged to Clients who are not licensed by the Belgian Triathlon League (Be3), the Belgian French-speaking Triathlon and Duathlon League (LBFTD) or Triatlon Vlaanderen (3VL). The Customer cannot be reimbursed for this additional fee if he/she has obtained his/her licence from one of the above leagues between his/her registration and the start of the Event.
Article 8. Liability
8.1. S&TP cannot be held responsible, in a general way, in all cases where the non-execution or the bad execution of its obligations would result from a case of force majeure or fortuitous event beyond its control.
8.2. The User acknowledges that his use of the Site is at his own risk. The Site is provided to the User "as is". S&TP will make its best efforts to make the Site accessible 24 hours a day, seven days a week, except in the event of events beyond the control of S&TP and subject to maintenance periods, possible breakdowns, technical hazards related to the nature of the network or acts of malice or any damage to the hardware or software of S&TP.
S&TP cannot be held responsible for any interruption of all or part of the Site, whatever the cause, duration or frequency of this interruption, provided that this interruption is not attributable to S&TP.
8.3. S&TP is not bound to any obligation of result and cannot be held responsible for omissions, inaccuracies or errors in the programmes included on its site, nor for the consequences that these could have for the Clients.
8.4. S&TP shall not be liable in any way for any error, omission or inaccuracy mentioned during the Events or in the documents given to Clients in the context of the Events.
8.5. S&TP does not guarantee that the proposed Events correspond to the needs of the Customer who is solely responsible for his choice.
8.6. S&TP couvre sa propre responsabilité civile en tant qu’organisatrice de l’Evènement . S&TP n’est cependant pas responsable en cas de perte, de vol ou de casse des objets apportés à l’Evènement par les participants.
It is the Client's responsibility to subscribe to any individual package that he/she deems useful to cover the risks to which he/she believes he/she is subject (third party liability, bodily injury, material damage, etc.) by participating in the Event. S&TP specifies that it does not subscribe to any pack on behalf of the Client. In particular, the amount requested from Clients who are not licensed by the Belgian Triathlon Federation in addition to the price does not constitute the counterpart of any cancellation pack cover that S&TP would have taken out on behalf of the Client.
8.7. Si la responsabi8.7. If S&TP's liability is established, it will be limited to an amount equal to the price of the Event without any compensation for other indirect damages of a financial, commercial or other nature, such as loss of profit, loss of reputation, savings or expected customers.lité de S&TP est établie, elle sera limitée à un montant égal au montant du prix de l’Evènement sans dédommagement quelconque des autres préjudices indirects de nature financiers, commerciaux ou autres, comme notamment le manque à gagner, la disparition de notoriété, d’économies ou de clientèle escomptées.
Article 9. Cancellation by the Customer
9.1. The organisation of Events by S&TP involves the provision of services to the Customer related to leisure activities on a specific date or during a specific period. These services are covered by article VI.53 of the Economic Law Code which provides for an exception to the right of withdrawal in case of provision of such services. Therefore, the Customer acknowledges and accepts that he/she will not be able to exercise a right of withdrawal after registering for the Events organised by S&TP.
9.2 However, for certain Events, the Customer may take out cancellation insurance at the time of registration only, in return for an additional charge. The Customer who has taken out such insurance, when it is offered, has the possibility of being reimbursed for the full amount of his registration, less the price of the cancellation insurance, in the event of cancellation up to a date specified at the time of Registration.
9.3. For certain Events, the Customer has the possibility of taking out cancellation insurance in return for an increase in price. The Customer who has taken out such insurance, when it is offered, has the possibility of being reimbursed for the full amount of his registration, minus the price of the cancellation insurance, in the event of cancellation up to a date specified at the time of Registration.
Section 10. Cancellation or modification of the schedule of an Event by S&TP
10.1. The lack of sufficient registrations for an Event constitutes for S&TP a case of force majeure which allows S&TP to set a new date for the Event without having to demonstrate the unforeseeability and irresistibility of the circumstances or the impossibility for S&TP to perform its obligations. These events being external to S&TP, it cannot be held responsible.
10.2. In case of cancellation of an Event, except for the exceptions mentioned in point 10.4, the Customer will have the possibility to opt for another Event according to the existing availabilities. If no proposal for an alternative Event is suitable for the Customer, the Customer will be reimbursed in full for the amounts already paid to S&TP.
10.3 In the event of a change to the dates of an Event, the Customer has the right to cancel the booking and obtain a refund provided that this request is notified to S&TP in writing within 14 working days of the date on which the Customer was notified of the date change.
If the Client does not react within this period, the registration will be considered confirmed for the new dates.
10.4. Without prejudice to special regimes to be adopted by the competent authorities, the threat of and action against the Covid-19 virus as well as the threat of and action against other epidemics, as well as all acts of God, strikes, lock-outs, riots, mobilization, bad weather, shortages of materials or means of transport, fires, etc., are automatically considered, for the purposes hereof, as constituting force majeure justifying the cancellation of an Event without S&TP having to demonstrate the unforeseeability, the unpredictability or the unforeseeability of the event, are automatically considered, for the purposes hereof, as constituting a case of force majeure justifying the cancellation of an Event without S&TP having to demonstrate the unforeseeability, the irresistibility of the circumstances and the impossibility of performing its obligations. The same applies to the cancellation of the Event due to the usual symptoms of the Covid-19 virus detected in a Client. As these events are external to S&TP, it cannot be held responsible. If such events constitute force majeure, S&TP is not obliged to refund all or part of the registration fee.
Article 11. Termination
11.1. S&TP and the Client reserve the right to terminate at any time the contractual relations in case of non-compliance by the other party of any of its obligations under these GCUV, without prejudice to any possible damages that could be claimed from the defaulting party.
11.2. Termination of the contractual relationship in the event of fault on the part of the Client shall result in the immediate payment of the outstanding amounts.
Article 12. Practical conduct of the Event
12.1. As a general rule, the Customer must be at least 18 years old at the time of the Event. As an exception, some Events are accessible to Customers from the age of 16.
12.2. The number bibs can only be collected by the Client in person, by presenting an identity document and a parental authorisation duly signed by a legal representative if the Client is a minor, as well as his/her triathlon licence or a medical certificate dated less than 6 months before the Event. The medical certificate must state that the Customer is fit to compete in a triathlon.
As a general rule, participation in a sporting event requires good health. S&TP recommends a preventive sports medicine examination by an accredited sports physician prior to participation in a sports event.
The race number must be visible at all times during the Event.
During the Event, the Highway Code is applicable except when ordered by the marshals and police services. The Client must also respect the rules of the Belgian French-speaking Triathlon and Duathlon League available on the websitehttps://www.lagileppetrophy.be/ .
12.3. S&TP reserves the right to exclude from the Event the Customer who does not comply with the provisions of these terms and conditions or who represents a danger to himself or to third parties. In this case, S&TP will not refund the registration fee, which the Customer acknowledges and accepts.
12.4. Where different practical arrangements are imposed on licensed and non-licensed Customers (colour of the cap, delayed start, etc.), account will be taken only of the Customer's status at the time of registration. The Customer may not claim that he has obtained his licence between his registration and the start of the Event in order to change category.
Article 13. Use of the Site
13.1. The User undertakes to comply with the laws in force when using the Site and in particular not to make discriminatory, racist, xenophobic or anti-Semitic comments, nor insults or other violent or pornographic comments, nor to publish any content contrary to public order or morality.
The User is also prohibited from using the Site for promotional purposes.
The User undertakes not to attempt to undermine the operation of the Site or S&TP.
13.2 S&TP shall not be liable for any incompatibility, malfunction or other technical problems between the use of the Site and the User's computer equipment, except in case of fault attributable to S&TP.
The User must protect his computer equipment against any risk of contamination by viruses, attempted intrusion, etc.
13.3. The User undertakes to provide true, accurate, up-to-date and complete information about his/her identity.
Article 14: Intellectual property rights
14.1. The Site, all the elements found on the Site and the documents given to the Clients within the framework of the Events are protected by intellectual property rights (including in particular all copyrights, rights on patents, trademarks, designs and models, databases, domain names and any other existing or future intellectual property right, Belgian and international) and belong to S&TP or to third parties having authorised it to exploit them.
The use of the Site or the documents provided to the Clients in the context of the Events does not confer on the Client any intellectual property rights over them.
14.2. Any total or partial reproduction or representation of the S&TP website or of the documents given to the Clients in the context of the Events without the prior written consent of S&TP constitutes a violation of the intellectual property rights of the latter and/or of the third party licensor and is likely to result in civil and criminal proceedings.
Article 15: Personal data
15.1 S&TP respects the privacy and data of the Customers. S&TP undertakes that the collected information is processed in accordance with the applicable laws and regulations.
When using the Site, Users are likely to communicate a certain amount of personal data about themselves (surname, first name, telephone number, email address etc.).
The personal data communicated are in particular necessary for access to the registration forms, their validation and payment, for the management and follow-up of registrations by S&TP and to respond to the requests of the Customers as well as to facilitate their identification and their navigation on the site and for statistical purposes. The data may also be used to carry out operations relating to prospecting.
Access to personal data is strictly limited to S&TP personnel who are authorised to process them by virtue of their functions.
The Customer is informed that in case of legal or judicial obligation to do so, S&TP may be required to transmit its personal data.
The data collected at the time of registration for an Event is kept until its deletion, which is left to the Customer's initiative unless :
- a longer retention period is permitted or required by a legal or regulatory provision;
- the Customer has exercised, under the conditions set out below, one of the rights granted to him by the law.
In accordance with the applicable legal and regulatory provisions, the Customer has a right of access, rectification, portability and deletion of his data or limitation of processing. He may also, for legitimate reasons, oppose the processing of data concerning him.
The Customer can thus demand that personal data concerning him/her that are inaccurate, incomplete, ambiguous or outdated be corrected, completed, clarified, updated or deleted. The Customer's personal data are also deleted when the Customer expressly withdraws his consent to the collection and processing of his personal data, subject to S&TP's legal obligations. The Customer may also, under the right to portability of its personal data, retrieve its personal data for its own use, or request that it be transferred to a third party, if technically feasible. Each Customer may also object, on legitimate grounds, to the processing of his or her data, and request that the processing of the data be restricted.
To exercise these rights, the Customer must send a written request to S&TP indicating its name and first name. S&TP may ask the Customer to prove its identity, by attaching to its request any necessary document, in particular a copy of its identity card or passport.
Customers also have a right of complaint, which they can exercise with the national supervisory authority, the Data Protection Authority.
S&TP will use the means at its disposal to proceed with the processing of requests relating to the personal data of Customers as soon as possible.
In the event of a security breach or loss of personal data relating to Customers, S&TP will inform them by email under the applicable legal conditions. It will take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure the security of the data.
15.2. Data may also be collected via cookies.
Indeed, during each visit of the User to the Site, S&TP collects information relating to his connection and navigation.
Cookies are an automatic tracking process that records information about navigation on the Site, and stores information entered during visits to the Site in order to facilitate the registration process and use of the Site.
The User may oppose their implementation and/or delete them following the procedure indicated on his browser.
A cookie has a limited validity period of thirteen (13) months maximum. It is deposited and stored on the User's terminal in compliance with the applicable laws and regulations and subject to the choices expressed by the User, which he or she may modify at any time.
Cookies have several functions, such as facilitating the use of the Site, remembering the User's choices, the goods and services they wish to purchase, and offering the User relevant advertising content.
The cookies deposited by S&TP give it access, in particular, to information enabling it to establish User navigation statistics.
Article 16. Right to the image of the participants
Photos taken during the Event are considered free for use by S&TP for its communication tools: websites, social networks, etc.
The use of these images is for the sole purpose of illustrating the projects and activities of S&TP.
However, the Customer has the opportunity to object to this use.
S&TP invites the Client who has made this choice, to inform S&TP from the first day of the Event, so that the photos are not published on any medium.
Article 17. Miscellaneous provisions
17.1. No modification of these GCU may occur unless it is negotiated, authorized and signed by a duly authorized representative of S&TP and such modification contains the express mention that it consists of an adaptation of these GCU.
17.2. If one or more provisions of these GCU are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions will retain all their force and scope. S&TP and the Customer will however be obliged to negotiate and conclude one or more provisions intended to cover the declared invalidity.
17.3. The fact that one of the Parties does not claim from the other Party a breach of any of the obligations referred to in the GTCU shall not be interpreted for the future as a waiver of the obligation in question or a waiver of the right to claim such failure or breach.
17.4. The fact that one of the Parties does not avail itself of a stipulation of these GCVU does not in any way imply a waiver of the benefit of said stipulation.
Article 18. Jurisdiction and applicable law
18.1. The rights and obligations resulting from these GTC are exclusively subject to Belgian law.
18.2. In case of a dispute relating to a registration, the Customer must first contact S&TP in order to find an amicable solution.
In the absence of an amicable solution and whatever the origin of the conflict, disputes relating to the execution or interpretation of these GTC shall be submitted to the jurisdictions of the judicial district of Walloon Brabant or to the competent Court in accordance with article 624, 1°, 2° and 4° of the Judicial Code if the Client is a consumer within the meaning of the Economic Law Code.
For all intents and purposes, it is specified that the time limits for taking legal action are not interrupted during the period in which an amicable solution is sought or mediation is requested.