Terms of service

OVERVIEW
Welcome to Smape Café! The terms "we", "us" and "our" refer to Smape Café. Smape Café operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services").
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services. However, please note that colors or product appearance may differ from how they appear on your screen due to the device you use to access the Services and your device settings.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person or geographic region, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Smape Café reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Smape Café confirms acceptance. We must receive and process your payment before your order is accepted.
If you check out as a business (B2B) customer, you confirm that you are ordering on behalf of the company and VAT number you provide, that this information is accurate, and that it may be verified against the EU VIES register before your order and invoice can be processed. Business orders are for legitimate business use, including resale, and are invoiced accordingly, subject to applicable VAT rules.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include shipping, handling, customs or import charges.
Business (B2B) orders are invoiced separately in accordance with applicable VAT rules; where a valid, VIES-verified EU VAT number other than a Belgian one is provided, the order may qualify for the intra-Community VAT exemption.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through the Services.

SECTION 5 - SHIPPING AND DELIVERY
Orders are shipped via Bpost through MyParcel, or made available for local pickup or delivery where offered. Available shipping methods and rates are shown at checkout based on your delivery address. We are not liable for shipping and delivery delays; all delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, and the design, selection, and arrangement thereof, are owned by Smape Café, its affiliates or licensors, and are protected by Belgian, EU and other applicable copyright and intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only (unless you are a verified business customer using the Services to place business orders). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. All rights not expressly granted herein are reserved by Smape Café.
Smape Café's names, logos, product and service names, designs, and slogans are trademarks of Smape Café or its affiliates or licensors. You must not use such trademarks without our prior written permission.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor control. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain hyperlinks to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or sites, you do so at your own risk.

SECTION 9 - PAYMENT PROCESSING
Payments made through the Services are processed by Mollie, a licensed payment service provider. By making a purchase, you authorize Mollie to process your payment on our behalf. We do not store your full payment card, bank, or wallet details ourselves. We are not responsible for the availability, security or functioning of Mollie's payment services, which are governed by Mollie's own terms and privacy policy.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which describes how we and our service providers (including Mollie, MyParcel/Bpost, onFact, Resend, Vercel and Neon) use your personal information. By using the Services, you acknowledge that you have read our Privacy Policy.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. We are under no obligation to maintain your Feedback in confidence, to pay compensation for it, or to respond to it.
You represent and warrant that: (i) you own or have all necessary rights to your Feedback; and (ii) your Feedback will comply with these Terms and will not violate any third party's rights.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change, update or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable regulations or laws; (c) to infringe upon our intellectual property rights or those of others; (d) to harass, abuse, or harm any person; (e) to transmit false or misleading information; (f) to send spam or unsolicited advertising; (g) to impersonate any other person or entity; or (h) to engage in conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm Smape Café or users of the Services.
In addition, you agree not to: upload viruses or malicious code; reproduce, duplicate, copy, sell, resell or exploit any portion of the Services without authorization; collect or track the personal information of others; or interfere with or circumvent the security features of the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Sections which by their nature should survive termination will continue to apply, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law.

SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
EXCEPT AS EXPRESSLY STATED BY SMAPE CAFÉ, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT TO THE EXTENT SUCH EXCLUSION IS NOT PERMITTED BY APPLICABLE (INCLUDING EU CONSUMER) LAW. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. NOTHING IN THESE TERMS LIMITS ANY STATUTORY CONSUMER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL SMAPE CAFÉ, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, EXCEPT WHERE SUCH LIMITATION IS NOT PERMITTED UNDER APPLICABLE LAW, INCLUDING MANDATORY EU CONSUMER PROTECTION LAW.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Smape Café and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

SECTION 18 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed, without affecting the validity of the remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies referenced herein constitute the entire agreement between you and us regarding your use of the Services, superseding any prior agreements or communications.

SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of Belgium, without prejudice to any mandatory consumer protection provisions of the law of your country of residence, if you are a consumer residing in the EU. Any dispute arising from these Terms shall be submitted to the exclusive jurisdiction of the courts of the judicial district where Smape Café is registered (Antwerp, division Mechelen, Belgium), without prejudice to any mandatory rights you may have to bring proceedings in your own country of residence.

SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates to our website. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hi@smape.cafe.
Our contact information is posted below:
Smape Café
hi@smape.cafe
Groenstraat 56a, 2870 Puurs-Sint-Amands, Belgium
038868066
BE 0651.937.196