EDENRED BELGIUM – GENERAL TERMS & CONDITIONS OF USE & OF E-COMMERCE, PRIVACY AND COOKIES

A. TERMS FOR PLATFORM USE

1. PERSON RESPONSIBLE FOR THE PLATFORM

Edenred Belgium nv (hereinafter referred to as 'Edenred')
CEO: Olivier BOUQUET
Vorstlaan 165 bus 9, 1160 Brussel
VAT: BE 0407.034.269, RLE Brussels
Email: support-ekivita-be@edenred.com
Telephone: 02.678.28.11
 

2. GENERAL

2.1. Edenred manages and maintains various internet platforms and mobile applications and their related services (hereinafter separately or collectively referred to as ‘Platform’), under a variety of names, including Ekivita Edenred, Savings Edenred, Ekidesk, Mijnbedrijfskorting, Reductions-Societes, etc., allowing the consumer, i.e. all physical persons not serving their profession or company (hereinafter referred to as ‘User’) to consult the content relating to hobbies, well-being, work-life balance, etc., as well as a selection of discount vouchers, promotions or other benefits, whether digital or on paper (‘Products’), on the goods and/or services offered by the retailers. In general, these Products are offered for direct sale by the retailers. However, certain Products, indicated clearly as such, as sold directly by Edenred, via the Platform.

2.2. By visiting, consulting or otherwise using the Platform, the User accepts these terms of use and all other provisions relating to use of the Platform.

2.3. Edenred reserves the right to modify the provisions, terms and communication found on the Platform. The User must regularly consult these provisions and terms mentioned on the Platform. By continuing to use the Platform, the User confirms his agreement with these provisions, terms and communications.

 

3. PERSONAL ACCOUNTS

 

3.1. For services requiring the User to open a personal account (‘Accounts’), the User shall complete the indicated registration process by communicating details that are up to date, correct, complete and accurate.

3.2. The User shall declare and demonstrate that they are at least 18 years old and accept all responsibility for the use of their Account by minors in accessing the Platform.

3.3. Accounts and personal access information (e.g. password) shall remain strictly personal and shall be reserved for private and non-commercial use. Under no circumstances shall the User sell, rent or otherwise give access to his Account or personal access information to third parties.

3.4. The User shall be fully responsible (i) for the confidentiality of his personal access information (passwords are encrypted, which means that Edenred has no access to passwords) and (ii) for the use and all activities on his Account. The User agrees to inform Edenred immediately in the event of fraudulent use of his Account or any other security infringement. The User may be held responsible for damage incurred by Edenred or another party as a result of using his Account or personal access information or any use or activity on the User’s account.

 

4. NO ILLICIT OR PROHIBITED USE

 

4.1. The User shall not use the Platform for illicit purposes or in any other way prohibited by law or unauthorised in accordance with the present terms of use. The User shall ensure not to use the Platform in a way that may cause damage, disruption, an overload or the violation of the Platform (or the networks connected to any Edenred service), nor to impair the use or enjoyment of the Platform by other users.

4.2. Edenred remains the exclusive owner of the intellectual property rights relating to the Platform. The User shall not be permitted to modify, copy, distribute, send, show, use, reproduce, or award licences, do related work, nor transfer or sell the content available on the Platform. These elements relate in particular to, but are not limited to, brands, texts, databases, forms, commercial denominations, product names, logos, graphic elements and illustrations, graphs, music, colour combinations, slogans, layouts, page layouts and any other protected element on the Platform.

 

5. THIRD-PARTY SITES

 

5.1. The Platform may contain links to the websites of other retailers. Each retailer shall be solely responsible, and shall exclude all responsibility by Edenred, (i) for the content published on its website (ii) for the effective performance of its website, (iii) for the quality and conformity of the services and/or goods offered and/or sold to the User, (iv) for the definition of its own rules relating to consignments, returns, guarantees and other subjects applicable to the purchase of their services and/or goods to the User.

5.2. The purchase of a service or goods from a retailer, via the Platform, with or without the use of a Product, is a transaction conducted entirely between the User and the retailer, and all questions or disputes concerning the websites or services or goods shown or bought from a retailer must be directed to the retailer concerned.

 

6. PRIVACY

 

6.1. When creating an Account, the User shall supply personal information (‘Data’) to Edenred, which shall be processed in order to provide services related to the User’s Platform. Edenred shall process Data in accordance with its privacy policy and in accordance with the relevant rules and regulations.

6.2. Data is strictly confidential and shall not be transferred, lent or sold to third parties, with the exception of companies belonging to the Edenred group.

6.3. The Buyer may exercise his right to consult, correct, complete or delete his Data at any time. For any complaints, questions or requests relating to Data, the Buyer may contact the person responsible for processing Data at Edenred, using the following email address: dpo.belgium@edenred.com.

6.4. Edenred operates the use of cookies. By using the Platform, the User accepts the use of cookies, as described in the cookie policy.

 

7. LIABILITY

 

7.1. Edenred shall not be held responsible by the User (i) for delays or disruptions on the Platform caused by suppliers or other third parties, (ii) for the deletion or loss of information on the Platform, (iii) for a transaction that is not carried out or if the Platform is unavailable, (iv) if certain Products are not applied or accepted by retailers, (v) if certain goods or services purchased by the User from the retailers are unsuitable, defective or unsatisfactory in whatever way (vi) for defects, delays, losses of any kind due to fraud, hacking or any other kind of illegal intrusion in the communication system or the Edenred Platform by third parties.

7.2. Neither the User nor Edenred shall have any responsibility towards the other for any form of specific, indirect or ensuing damage, including, but not limited to the loss of revenue, loss of profit, loss of goodwill or reputation, loss of data, or communication or messages sent, received or stored via the Platform, or losses related to complete or incomplete transactions, except in the case of serious error, gross negligence or fraud.

 

8. MISCELLANEOUS

 

8.1. All provisions in these General Terms and Conditions declared invalid or inapplicable shall not in any way affect the validity, equity or application of other provisions. The fact of not exercising or applying at any time the rights stipulated in these General Terms and Conditions shall not constitute a renunciation of these rights and shall not affect the existence and validity of these rights.

8.2. In the event that the present terms of use are not respected, Edenred reserves the right, without prior notice, to prohibit or suspend a User’s access to the Platform.

8.3. The User accepts that communication and digital backups can be used as evidence.

8.4. Belgian law shall apply, unless provisions in private international law affect the applicable law. The court of Brussels shall be authorised in the case of a dispute.

 

B. TERMS OF E-COMMERCE SALES

 

1. MERCHANT

Edenred Belgium nv (hereinafter referred to as 'Edenred')
CEO: Olivier BOUQUET
Vorstlaan 165 bus 9, 1160 Brussel,
VAT: BE 0407.034.269, RLE Brussels
Email: support-ekivita-be@edenred.com
Telephone: 02.678.28.11
 

2. GENERAL

2.1. Edenred manages and maintains various internet platforms and mobile applications (hereinafter separately or collectively referred to as ‘Platform’), under a variety of names, including Ekivita Edenred, Savings Edenred, Ekidesk, Mijnbedrijfskorting, Reductions-Societes, etc., allowing the consumer, i.e. all physical persons not serving their profession or company (hereinafter referred to as ‘Buyer’) to purchase discount vouchers, promotions or other benefits, whether digital or on paper (hereinafter referred to as ‘Product’) on the goods and/or services offered by the retailers.

 

3. RIGHT OF WITHDRAWAL

 

3.1. In the case of a Contract concluded for paper Products, the Buyer shall have the right to withdraw from the Contract, without a reason, within 14 calendar days as from the date of the Product delivery.

3.2. The Buyer expressly recognises and accepts that the right or withdrawal cannot be applied in the case of Contracts concluded (i) for digital Products or (ii) for paper Products (a) whose validity expires before the deadline of 14 days after delivery, or (b) relating to goods or services of merchandise whose validity expires before the deadline of 14 days after delivery, provided these periods of validity are clearly indicated on the Platform and in the Contract.

3.3. In order to exercise his right of withdrawal, the Buyer must, via the template available here or via any other written and unambiguous declaration, via the Platform, the email mentioned in point 1, or in a registered letter sent to the Address mentioned in point 1, notify Edenred of his decision to withdraw from the Contract. The notification of withdrawal must be sent before the deadline for withdrawal expires (i.e. 14 days after delivery of the Product). Upon receipt of the notification of withdrawal, Edenred shall send an acknowledgement to the Buyer using a durable medium.

 

4. PRICE AND PAYMENT

 

4.1. All prices indicated for the Products are expressed in EUROS, and include VAT and all other taxes or rights payable by the Buyer. The price also includes the cost of delivery in Belgium.

4.2. The obligation to pay the price shall be incurred as soon as the Buyer confirms the order on the Platform.

4.3. Notwithstanding Edenred’s other rights, the Buyer shall owe interest of 10% per year on any amount not settled by its due date, automatically and without prior notice and this shall continue until full payment has been made of the amounts owed.

 

5. OFFER

 

5.1. Despite the great care taken in creating the online catalogue of available Products on the Platform, it is still possible that the information provided is incomplete, contains material errors or is not updated. In terms of the accuracy and completeness of the information proposed, Edenred shall only be held to a best-efforts obligation. Edenred shall have no responsibility whatsoever for material errors, composition or printing.

5.2. For any specific questions, for example concerning availability, the period of validity of retailers’ Products or goods or services to which they refer, delivery date, method of delivery, etc., the Buyer may contact Edenred.

5.3. The order shall remain valid until the stock is exhausted and can be adjusted or withdrawn by Edenred at any time. Edenred shall not be held responsible for a Product being unavailable. Should a Product or offer has a limited life or be subject to particular terms, these shall be clearly indicated on the Platform.

 

6. ORDERING

 

6.1. Every Product order shall be made on the Platform. Each order creates an obligation to pay.

6.2. Edenred shall be entitled to refuse an order due to the lack of payment, serious negligence by the Buyer relating to orders placed or any other form of illicit or detrimental behaviour on the Platform or for any other justifiable reason (e.g. out of stock situation, etc.).

 

7. DELIVERY

 

7.1. Products shall be delivered by Edenred (i) for paper Products: to the delivery address indicated in the order by the Buyer, at the latest 4 working days after confirmation of the order and (ii) for digital Products: to the email address or mobile phone number, at the latest within 4 working hours (office hours) after confirmation of the order.

7.2. The risk of loss or damage of the Product shall be transferred to the Buyer from the moment of the delivery, being (i) for paper Products: when Edenred drops off the Product for collection at the delivery address indicated by the Buyer or (ii) for digital products: the moment the Product is sent to the email address indicated by the Buyer.

7.3. Delivered Products remain the exclusive property of Edenred until full payment has been made.

 

8. WARRANTY

 

8.1. The legal warranty of 24 months shall apply as from the date of delivery of the Product to the Buyer, but under no circumstances may this be invoked after the expiry of validity dates (i) of Products or (ii) of goods and services from retailers to whom the Products refer, provided these periods of validity were clearly indicated on the Platform and the Contract. In order to invoke the warranty, the Buyer must be able to present a proof of purchase and the original Product packaging.

8.2. Defects must be announced to Edenred as soon as possible, and at the latest within 2 months of their detection, by registered letter, via the Platform or by email. Defects discovered more than 24 months after delivery shall no longer be considered as hidden defects, unless proved otherwise by the Buyer.

8.3. The warranty does not apply to defects resulting from accidents, force majeure, negligence, improper use of Products, failure to respect usage instructions, Products that have been adjusted or modified, poorly maintained or any other abnormal or incorrect usage.

 

9. CUSTOMER SERVICE AND COMPLAINTS

 

9.1. Edenred’s customer service may be contacted here. Complaints may also be sent here and/or to the consumer mediation service on contact@consumentenombudsdienst.be.

 

10. PRIVACY

 

10.1. When creating a Contract via the Platform, the Buyer shall provide personal information (‘Data’) to Edenred, which shall be processed in order to carry out the Contract. Edenred shall process Data in accordance with its privacy policy and in accordance with the relevant rules and regulations.

10.2. Data is strictly confidential and shall not be transferred, lent or sold to third parties, with the exception of companies belonging to the Edenred group.

10.3. The Buyer may exercise his right to consult, correct, complete or delete his Data at any time. For any complaints, questions or requests relating to Data, the Buyer may contact the person responsible for processing Data at Edenred, using the following email address: dpo.belgium@edenred.com.

10.4. Edenred operates the use of cookies. By using the Platform, the Buyer accepts the use of cookies, as described in the cookie policy.

 

11. LIABILITY

 

11.1. Edenred shall not be held responsible by the Buyer (i) for delays or disruptions on the Platform caused by suppliers or other third parties, (ii) for the deletion or loss of information on the Platform, (iii) for a transaction that is not carried out or if the Platform is unavailable, (iv) if certain Products are not applied or accepted by retailers, (v) if certain goods or services purchased by the Buyer via the Products are unsuitable, defective or unsatisfactory in whatever way (vi) for defects, delays, losses of any kinds due to fraud, hacking or any other kind of illegal intrusion in the communication system or the Edenred Platform by third parties.

11.2. The Buyer shall be fully responsible (i) for the confidentiality of his connection information and use of his password (passwords are encrypted, which means that Edenred has no access to passwords), (ii) for the use and all activities on his account. The Buyer agrees to inform Edenred immediately in the event of fraudulent use of his Account or any other security infringement. The Buyer may be held responsible for damage incurred by Edenred or another party as a result of third parties using their account or password or any other use or activity on or with the Buyer’s account.

11.3. Edenred’s responsibility towards the Buyer shall in any case be limited to the amount equal to the price of the Product causing such damages.

11.4. Neither the Buyer nor Edenred shall have any responsibility towards the other for any form of specific, indirect or ensuing damage, including, but not limited to the loss of revenue, loss of profit, loss of goodwill or reputation, loss of data, or communications or messages sent, received or stored via the Platform, or losses related to complete or incomplete transactions, except in the case of serious error, gross negligence or fraud.

 

12. MISCELLANEOUS

 

12.1. All provisions in these General Terms and Conditions declared invalid or inapplicable shall not in any way affect the validity, equity or application of other provisions. The fact of not exercising or applying at any time the rights stipulated in these General Terms and Conditions shall not constitute a renunciation of these rights and shall not affect the existence and validity of these rights.

12.2. The Buyer accepts that communication and digital backups can be used as evidence.

12.3. Belgian law shall apply unless provisions in private international law affect the applicable law. The court of Brussels shall be authorised in the case of a dispute.