Privacy policy

E-shop terms and conditions New Dunite- Terms and conditions of use and sale

Article 1 - Scope of the Terms and Conditions
These terms and conditions (hereinafter "the Terms and Conditions") govern the relationship
between you and RAF SRL for accessing, using, consulting and all operations on or with the
website New Dunite (hereinafter "the Website"), including product orders, as well as all documents,
information, services and models accessible therein, without prejudice to applicable laws.
By accessing the Website, you acknowledge that you have read and fully understand these Terms
and Conditions. By accessing and browsing the Website, you agree to be bound by these Terms and
Conditions in their entirety. If you do not agree to the Terms and Conditions, please disconnect from
the Website.
RAF SRL is free to make any modification, alteration or addition to the Terms and Conditions, a
any time, which are immediately applicable. You must ensure that you have read the latest version
of the Terms and Conditions.
These Terms and Conditions constitute and express the entire agreement between you and RAF
SRL with respect to your use of the Website. Any oral or written agreement previously existing
between the parties is superseded by the terms of these Terms and Conditions.
Article 2- General information
The Website, its content and its addresses are published and put online by RAF SRL, whose
registered office is located at Chaussée de Louvain, 885, 1140 Evere (Belgium) and registered wit
the Banque Carrefour des Entreprises under number 0893.915.772.
The Website is hosted by OVH, whose data-centers are located in ***.
The Website is accessible without guarantee of any kind. You use the Website and the linked sites
under your own and sole responsibility.
RAF SRL shall not be liable for any damages caused by, among other things, any interruption,
defect, delay in operation or transmission, computer virus or similar technical problems, network
failure, or for any other reason whatsoever, in connection with the use of the Website or its contents.
RAF SRL manages the content of the Website freely and independently.
Article 3 - Intellectual property
The Website, its content, and all other material and elements of the Website are and remain the
exclusive property of RAF SRL and are controlled by RAF SRL or the beneficiaries concerned
This Content is protected by Livre XI of the Belgian Code of Economic Law (in particular Titles 4,
5, 6 and 7), and by the directives and international texts in force.

The Content may not be used for any purpose other than that expressly authorized or required by
browsing the Site.
Any unauthorized use of the Content constitutes an infringement of copyright and may give rise to
civil or criminal legal proceedings and the payment of damages.
Article 4 - Online product orders
a. Generalities
The Website is a webshop selling products created by artisans (hereinafter "the Suppliers"). Each
product is unique.
You can order these products on the Website. The majority of products are not in stock, but are
manufactured to orders. RAF SRL cannot be held responsible for a lack of available stock.
The sale does not imply any transfer of intellectual property rights on the products sold. You may
not modify, reproduce, transfer rights to third parties, or infringe the moral rights of the
beneficiaries, without this list being exhaustiv
The items ordered are reserved exclusively for private use.
You declare that you are of legal age and that you have the legal capacity (or the authorization of
your legal representative) to place an order on the Website and to accept the present Terms and
Conditions.
b. Products
Each product is unique. Consequently, RAF SRL cannot guarantee that the product purchased will
be completely identical to the one displayed on the Website, and you accept that the product
delivered may vary in terms of colour, texture and finish. Some products may be available in limite
quantities.
In addition, RAF SRL makes every effort to present images and products on the Website as
accurately as possible. However, RAF SRL cannot guarantee the quality of the presentation of
colours and images in general on your computer.
RAF SRL reserves the right to restrict the sale of products to certain persons or geographical areas.
RAF SRL may exercise this right on a case-by-case basis. RAF SRL reserves the right to limit the
quantity of products offered or to limit the quantity of products that may be ordered by any one
person, household or order. These limits may apply to orders placed through the same customer
account, by the same credit card or for the same shipping or billing address. RAF SRL may also
refuse orders that appear, in its sole judgement, to come from resellers or distributors, and may
carry out any necessary checks.
Product descriptions may change at any time. Furthermore, the sale of certain products may be
stopped or interrupted.

c. Prices
Prices are indicated in euros and include (Belgian) VAT at the applicable rate, where applicable, but
do not include delivery charges. The valid price is that indicated on the Website on the day the order
is placed. The amount of delivery charges is specified when the order is placed
The price does not include customs and/or import duties which may be due for orders placed
outside the European Union and which you must pay directly to the relevant authorities.
You are responsible for any currency exchange charges and bank transfer fees.
d. Order
Orders are placed online from the Website.
If you wish to place an order, you must provide your first name, surname, e-mail address and you
physical delivery address and, if different, your billing address. If the order is placed by a company,
you must also provide the company's VAT number and identification detail
Ordering implies acceptance of the price and delivery charges based on the delivery address and the
weight of the package ordered. The contract is definitively concluded once you have confirmed
summary of your order on the Website, accepted the Terms and Conditions, and proceeded with
payment.
You will be informed of the confirmation of this order by e-mail, which will summarize th
characteristics of the order, in accordance with the provisions of article VI.45 of the Code of
Economic Law.
e. Billing and banking information
You agree to provide correct, current, complete and accurate billing and payment information for
purchases made on the Website. You agree, where applicable, to provide such information,
including e-mail address, credit card number and expiration date, to enable RAF SRL to complete
the transaction and contact you, if necessary.
If the information is not accurate, you will be solely responsible for the consequences.
f. Terms of payment
Payment for orders is made online via the Website using a credit card (Visa, Mastercard), indicating
the cardholder, the type of payment card, the payment card number, its expiry date and any visual
cryptogram. RAF SRL uses the Stripe transaction server, so that your bank details are encrypted and
transmitted securely to the financial institutions concerned
You acknowledge that the communication of your credit card information constitutes authorization
to debit your credit card in favour of RAF SRL, up to the amount due, all taxes included.

The security of electronic fund transfers and, in general, the proper execution of payment orders are
the sole responsibility of the financial organizations managing these transfers
Transactions with Stripe are governed by Stripe's general terms and conditions, which can be
consulted at www.stripe.com.
g. Manufacturing
Once RAF SRL has received payment in full, production of the products will begin.
An estimate of the time required to manufacture the product will be communicated in the order
confirmation sent by e-mail. However, the time specified is indicative and is an obligation of me
on the part of the supplier and not an obligation of result.
When the products are finished, an email will be sent to the same address used for the orde
confirmation to inform you that your order is ready for dispatc
h. Delivery
Product orders are delivered to the postal address you have indicated as the delivery address when
validating your order. You will be held responsible if the information communicated is incorrect or
incomplete and does not allow delivery of the products ordered.
Delivery times are given for information only and may never be considered binding. In the event of
a delay in shipment, an email will be sent to you informing you that until the product has been
shipped, cancellation of the order is still possible. In this case, the conditions of the right of
withdrawal set out below will apply.

Where applicable, you can follow the progress of your order via a tracking link sent to you by e-
mail as soon as the products are dispatched.

Delivery is at your risk if you have chosen a carrier other than the one we offer on the Website.
Products are delivered with a receipted invoice.
i. Conditions of return and right of withdrawal
The following provisions only apply if you are a consumer within the meaning of Article I.1.2° of
the Belgian Code of Economic Law and Article 2, 1) of Directive 2011/83/EU of the European
Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive
93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council.
You have the right to renounce your purchase, without penalty and without giving any reason,
within fourteen (14) calendar days following the day of delivery of the product; in the case of
multiple goods ordered in a single order and delivered separately, the fourteen (14) period runs from
the day you take possession of the last good in that order.

Withdrawal can be made by sending an email to hello@newdunite.com either the completed
withdrawal form (available at the end of these Terms and Conditions), or an unambiguous statement
of your decision to withdraw from the sales contract.
You must return the product ordered within fourteen (14) calendar days of notification o
withdrawal. If you fail to do so, your right of return/withdrawal will lapse ipso jure. The return form
must be enclosed with the returned product. The return of a product that has been used, is
incomplete, damaged, washed or soiled will not be accepted. I.e, fixtures cannot have bee
installed.
The return of goods will be at your expense and risk, by registered mail with acknowledgement of
receipt or with a tracking number). Returned products must be protected in a manner at least
equivalent to the protection used for the original shipment.
Refunds, if any, for the returned product and initial shipping charges will be made according to the
payment method you selected at the time of ordering, within fourteen (14) days of either the
recovery of the goods or the sending, by you, of proof of shipment of the goods, in accordance with
the foregoing, whichever occurs first
If you return only part of your order, you will be refunded the price of the returned goods and the
initial delivery costs in proportion to the number of products returned.
The refund does not include the initial delivery costs if you had selected a method other than the
standard delivery offered, nor any customs and/or import duties or taxes applied to your shipment.
If the renunciation is made before the shipment of the products, RAF SRL will proceed directly to
the refund, without invoice or shipment.
j. Guarantee of conformity
As a consumer within the meaning of Article 2, 2) of Directive 2019/771 of the European
Parliament and of the Council of May 20, 2019 on certain aspects of contracts for the sale of goods,
amending Regulation (EU) 2017/2394 and Directive 2009/22/EC and repealing Directive 1999/44/
EC, you also have a guarantee of two years from delivery of the good. Within this period, any
finding of a defective item or not in accordance with the order will give rise to an exchange o
refund as long as it has been duly notified within the two-months legal time limit
Article 5 - Privacy policy
RAF SRL devotes all due attention to compliance with applicable privacy legislation.
a. Processing of personal data when ordering
Only the personal data that you voluntarily provide when ordering items for sale on the Website are
saved and stored in digital form by RAF SRL.
The data processed is as follows:

• first and last nam
• delivery address,
• billing address if different,
• e-mail address,
• telephone number,
• company details and VAT number if the order is placed by a company,
• IP address
• bank details (cardholder's name, type of credit/debit card, card number, card expiry date, cvc
code, card-issuing country, etc.).

The processing of this personal data is necessary for the performance of the contract (or any pre-
contractual measures) between you and RAF SRL, in accordance with what is provided for in

Article 6.1.b) of the RGPD; this is to ensure:
• the management and follow-up of a request for information,
• invoicing,
• payment of orders in certain cases,
• order management and delivery,
• problem management,
• returns management,
• handling of any disputes.
The aforementioned data (excluding bank details and IP address) are kept until the expiry of the
limitation period in contractual matters under the applicable legislation.
Your processed bank details are kept for the time necessary to complete the transaction and to
ensure compliance with legal obligations and the resolution of disputes (including any refunds). The
IP address is kept for only thirty (30) days in order, among other things, to investigate problems if
something goes wrong on the site.
Your processed banking data is, for its part, kept for the time necessary to complete the transaction
and to ensure compliance with legal obligations, and the resolution of disputes (including a possible
refund). as regards the ip address, it is only kept for thirty (30) days in order, among other things, to
investigate problems if something goes wrong on the site.

RAF SRL reserves the right to keep your data for a longer period in all cases where this would be
necessary in accordance with Article 17(3) of the GDPR.
Subject to the provisions of this privacy policy, none of this personal data will be communicated to
third parties.
For payment of your orders, transactions are made via Stripe (credit card); your personal data
(including your bank details) are processed directly by this service: RAF SRL refers you to their
privacy policy for further information: https://stripe.com/fr-be/privacy
b. Cookies
b.1. Cookies required for navigation (functional cookies)
The Website uses cookies to store information such as your choice as to whether or not analytical
cookies should be placed, your purchases during an order before it is finalized, and so o
These cookies are necessary for the proper functioning of the site.
The cookies used have defined expiry times, which vary from one cookie to another. Cookies ar
automatically disabled when their expiration date expires, and the information they contain is
automatically deleted.
b.2. Unnecessary cookies
Other cookies are used by RAF SRL for analysis, statistics and advertising purposes.
You can accept or refuse these cookies without affecting your browsing experience: either click on
the "accept cookies" box, or on the "refuse cookies" box, or on the "manage my choices" box to
configure your choice regarding the placement of these cookie
You can withdraw your consent for the placement of these cookies at any time by making the
window relating to your choice concerning the placement or not of such cookies reappear.
Non-essential cookies are :
• analytical and audience measurement cookies (via third-party cookies):
Other cookies are used for analysis, statistics and Website optimization purposes; RAF SRL uses
New Dunite in particular for this purpose.
Cookies are used to generate anonymous statistics on visits to the Website. RAF SRL uses them to
measure and improve the site's performance, its mode of operation, its content, its ergonomics,
navigation on the Website (using traffic analyses, for example), to measure and analyze th
audience, to ensure the site's security, etc.
RAF SRL has access to statistics but cannot link them to a specific use

These cookies have a defined expiry dat
• advertising cookies (via third-party and internal cookies), web beacons and other
storage technologies
c. Your rights
• At any time, you are entitled to access and/or rectify (i.e. modify or update inaccurate or
incomplete personal data) your processed personal data.
• You may also request a limitation (temporary or definitive) of the processing of you
personal data, in whole or in part, within the limits set out in Article 18 of the GDPR.
• You also have the right to receive a copy of your personal data in a structured, commonly
used and machine-readable format or request that such data be directly transmitted to
another data controller where technically possible (right to data portability) within the limits
provided for in Article 20 of the GDPR.
• At any time and insofar as processing is not necessary for the performance of the contract,
you are entitled to request the erasure of your personal data within the limits provided for in
Article 17 of the GDPR.
• The right of refusal allows you to refuse the processing of your personal data, without
prejudice to processing carried out prior to such refusal, and within the limits provided for in
Article 21 of the GDPR.
Your requests can be addressed to RAF SRL. It may ask you to send a copy of any official identit
document that includes your first and last name, and allows you to prove your identit
d. Miscellaneous
d.1. Children
The Website is not intended for minors. RAF SRL does not knowingly collect personal data or any
other information from children. If RAF SRL becomes aware that personal data has been collected
from a minor child, it will delete such data immediately, subject to any legal obligation to retain
such data.
d.2. Subcontractors
RAF SRL selects its subcontractors (hosting providers, email campaign managers, financia
partners, services and tools, etc.) with care and ensures that they guarantee compliance with GDPR
rules.
d.3. Transfer outside the European Union:
Your personal data may be stored on servers located and/or may be transferred outside the European
Union, in accordance with Articles 44 et seq. of the GDPR.
8

d.4. Security
RAF SRL makes every effort to ensure the security of the personal data processed.
However, a total guarantee as to the respect of your privacy cannot be ensured. Therefore, the
commitment is limited to an obligation of means of a prudent and responsible person and not to an
obligation of result.
d.5. Violation
RAF SRL may communicate any information about you (including your identity) to public
authorities if this is necessary in the event of a complaint or investigation concerning your use of
the Website that does not comply with these Terms and Conditions or with applicable legislation.
This will also be the case in order to be able to identify or contact a person causing prejudice or
interfering with the Website, the rights of RAF SRL or the rights of third parties or other users of
the Website as well as to take legal action against this person.
RAF SRL therefore reserves the right to disclose at any time any information deemed necessary in
accordance with applicable law, a court order, or a request from a public authority, including the
exchange of information between companies for the purpose of fraud prevention insofar as this is
provided for by law.
In the event that RAF SRL is required to take legal action as a result of your violation of the terms
of this Privacy Policy, you will be required to reimburse RAF SRL for all expenses RAF SRL may
have incurred in connection therewith, including attorneys' fees, costs and expenses, in addition to
any compensation due to RAF SRL for damages suffered.
Article 6 - Limitation of liability
If, despite the provisions of the Terms and Conditions, RAF SRL should be held liable for any
damage or loss arising out of or in connection with the use of the Website or its Content, RAF
SRL's liability shall in no event exceed €1,000, except in the case of intentional fault on the part of
RAF SRL or a person for whom it is responsible, or where such fault causes injury to the life or
physical integrity of a person.
You agree to indemnify and hold harmless RAF SRL, its employees, assigns, agents, affiliates
subcontractors and partners from and against any and all actions, losses, claims, damages and
indemnities (including attorneys' fees), brought against RAF SRL by any third party due to or
arising out of your use of the Site.
You agree to be bound by the provisions relating to force majeure. Force majeure is any event of an
external, irresistible or unforeseeable nature recognized by the jurisprudence of the courts and
tribunals, which prevents one or both parties from performing all or part of the commitments
contained herein.
Article 7 - Evidence

The computer records kept by RAF SRL will be considered as proof of communications. They have
probative value until proven otherwise. Data on computer or electronic media constitute valid
evidence in their own right and are admissible under the same conditions and with the same
probative force as any document drawn up on paper.
RAF SRL is not obliged to store data. You are obliged to print out and keep the order details until
receipt of the products ordered and expiry of any right of withdrawal.
Article 8 - Violation of the Terms and Conditions
RAF SRL may freely, without prior notice, terminate the access to the Website of any user who
violates the Terms and Conditions, or any other code of conduct applicable to the use of the
Website, or in the event of an order from the public authorities.
Any violation of the Terms and Conditions will be considered, among other things, as an act of
unfair competition and a breach of contract which will call for financial or other compensation a
deemed most appropriate by RAF SRL.
In the event that RAF SRL takes legal action against you as a result of your breach of the terms of
the Terms and Conditions, you will be required to reimburse RAF SRL for all expenses incurred by
RAF SRL in connection therewith, including attorney's fees, costs and expenses, in addition to the
compensation due to RAF SRL for the loss suffered.
Article 9 - Nullity of a clause
If one or more clauses of these Terms and Conditions should be considered unlawful or null and
void by a court of law, only the minimum will be considered invalid and will be replaced by valid
provisions that best meet the purpose of the Terms and Conditions.
Article 10 - Online settlement platform for consumer disputes
If you reside in the European Union, Norway, Iceland or Liechtenstein and are a consumer within
the meaning of Directive 2013/11/EU of the European Parliament and of the Council of May 21,
2013, you may lodge a complaint on the http://ec.europa.eu/consumers/odr website. The purpose of
this procedure is to facilitate the online amicable resolution of any potential consumer disputes, in
accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of
May 21, 2013.
Article 11 - Applicable law and disputes
The Terms and Conditions are governed entirely by Belgian law, as are all relations between RAF
SRL and you concerning, in particular, the use of the Site.
In the event of a dispute concerning the validity, execution or interpretation of the present Terms
and Conditions or the use of the Website, only the French-speaking courts and tribunals of the
judicial district of Brussels shall have jurisdiction.

Article 12 - Contact
You may contact RAF SRL at the following email address hello@newdunite.com.
RAF Srl
Headquarters: 885 chaussée de Louvain, 1140 Evere
BCE: 0893.915.772

Version 1 of the New Dunite.

Appendix: Sample withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract)
For the attention of RAF SRL, 885 chaussée de Louvain, 1140 Evere, hello@newdunite.com
- I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the
following goods (*)/services (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Consumer(s) address
- Signature of the consumer(s) (only in the case of notification of this form on pape
- Date
(*) Delete as appropriate.

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