1. General Provisions
1.1. The present general conditions of membership ("GCM") define the use of our website accessible via www.enky.com, as well as all existing and future civil and fiscal relationships between Enky (business name used by Enky sprl, whose registered office is located at 4 Avenue Ariane in 1200 Brussels registered at the National Business Registration Office under number 0719.458 .502)(hereinafter "Enky" or "We") and any registered person wishing to purchase (the "Buyer" or "You") Furniture for the purpose of making them available to Enky for Us to offer them to Subscription / Rental to third parties (hereinafter "the Tenants" or "Subscribers") wishing to Subscribe / Rent these Furniture for a fixed period through the Enky Platform (hereinafter the "Website or the "Platform").
1.2. In the present General Conditions, the highlighted terms listed below and their conjugated forms have the following meaning, so far as these Terms and Conditions do not explicitly provide otherwise:
"Amortization Schedule": refers to the Amortization Schedule provided by Enky as an indication and which contains a projection of the monthly depreciation of the Furniture, which will be taken into account for the calculation of the Rent and Rental Income of the owner according to the actual subscription / rental period;
"Buyer", "You" or "Your" or "User": means a natural or legal person who wishes to buy Furniture proposed by Enky who will then propose them to the Subscription / Rental to third parties in exchange for a Rent during the Subscription periods / rentals;
"Buying call option" means the ability for Enky to become the owner of a Property against payment of the Furniture value at the time of activation of the Buying call option according to the Amortization Schedule provided by Enky to Buyer;
"Capital" means the proportion of the amortization value of the Furniture that would be reimbursed by the “capital” portion of the Rental Income actually paid by Enky to the owner;
"Contract " means the synallagmatic agreement that incorporates the present conditions and is concluded between the Buyer and Enky for the acquisition and making available the Furniture by the Buyer to Enky, and the Subscription / Rental by Enky to third parties ;
"Enky", "We" or "Our" means ENKY sprl;
"Enterprise" means any institutional or organizational unit (whether it operates in the form of a natural or legal person) which evolves according to a project defined in strategy or in policies and action plans with the objective of produce and provide goods or services to third parties;
"Force majeure" means any unexpected event that is beyond the reasonable control of a party, including, but not limited to, natural disasters, war, floods, labor disputes, strikes, lockout of subcontractors, riots, civil unrest, willful damage, explosions, terrorism, government actions and any other similar event;
"Furniture" or "Goods" or "Property" or "Products" or "Asset" : means any movable object (as opposed to real estate) whether it is a piece of furniture, an article of decoration, an electrical appliance or household appliance, offered for purchase by Enky to the Buyers (You) on the Enky platform, purchased by the Buyer (You) for the purpose of being made available to Enky (for a specified period) for Enky to offer them for Subscription / Rental to third parties the Renters / subscribers;
"Owner": means a natural or legal person who has purchased a Furniture on the platform in order to be made available to Enky for Enky to offer it to the Subscription / Rental to third-party Tenants;
"Payment Schedule": refers to the indicative table of the Enky Subscription / Rental of the Furniture and which contains a projection of the Buyer's Monthly Rental Income based on the projected Subscription / Rental of the Property;
"Purchase" means the transaction, for a Buyer previously registered on the Enky Website, to buy Furniture on the Enky Platform;
"Rent" means the amount owed by the Tenant / Subscriber for the actual Subscription / Lease of the Furniture;
"Rent agreement" or "Lease" or "Subscription" or "Rental" means a contract concluded between Enky and any natural or legal person who is granted a right of use for a fixed period of time on the Furniture purchased by the Buyers for the payment of a monthly Rent;
"Rental income" or "Revenues" : means revenues paid by Enky to the owner, following the actual subscription / lease of Furniture to third parties, calculated on the basis of the amortization table and including an interest rate depending on the subscription / rent agreement period by the Tenant / Subscriber.
"Services": means the Subscription / Rental management, maintenance and storage of Furniture by Enky;
"Tenant" or "Subscriber" means any natural or legal person who is granted a right of use for a fixed period of time on the Furniture purchased by the Buyers for the payment of a monthly Rent;
"Website" or "Platform" or "Application" means www.Enky.com and any other websites and applications that may be developed by Enky;
2. Conditions of membership
2.1. To be able to buy Furniture and benefit from the Services offered by Enky, You must:
- Be a company (natural or legal person) within the meaning of Article I.1 of Title I of Book I of the Code of Law for Belgian companies and within the meaning of the definition in Article 1.2 for foreign companies provided that it proves that it has been validly registered in accordance with the regulations of its country of establishment.
- Be registered under your true identity and have provided your identity as well as your representative and the true address of the head office of your company and that of its representative if your activity is carried on in the form of incorporation.
- Have communicated a phone number to which You are reachable.
- Hold a valid electronic payment method for the duration of the membership.
- To have accepted the present general conditions of Membership ("GCM").
2.2. You declare to have received, before the access and the use of the service all the informational and technical characteristics which are necessary to you.
2.3. You may not use the Services without first reading and accepting these terms and conditions when you join. Enky reserves the right to accept or refuse, without cause and in its sole discretion, any registration and to suspend and / or remove access to its account from a Buyer / Owner who does not comply with these CCMs.
2.4. These GCM express the entire agreement between the parties regarding Furniture Sales and Services, on the dates on which the Buyer accesses and uses the Services. Only GCM bind the Parties and are opposable to them unless another written agreement with Enky states otherwise.
2.5. You must correctly complete the registration form on the Enky Website by filling in the fields with complete and accurate data. In the event of an incomplete or erroneous declaration, the Buyer's account may be closed, automatically, without notice and without any prior formality and the Buyer agree to guarantee Enky of all the consequences that may result from this incomplete or erroneous declaration.
2.6. In order to be able to follow the Subscription / Rentals made on the Furniture you have purchased, You shall provide us with a valid e-mail address on which we may send you to the Subscription / Rentals details and Invoices.
2.7. During your membership, you will be asked to agree with the general conditions and to send us, via the Enky Application, the following documents:
- A copy on both sides of a valid ID (eg, identity card, passport) of the business natural person who registers on our platform or beneficial owners of the business legal person;
- Information about your credit card or bank accounts;
- Complete information of your company
2.8. All documents You provide to Us must be valid at the time of each Purchase and for the duration of your Enky Services Membership. All these elements must reveal your identity (that of your company or that of the beneficial owners) as indicated during the creation of your Buyer account.
2.9. By adhering to the Services offered by Enky, You acknowledge having read the Terms and Conditions and agree to comply with them. You also agree that these may be modified unilaterally after your membership for the purposes of the Services offered by Enky in accordance with Article 14 of these terms and conditions.
2.10. Once your membership is validated, You can complete your profile with information about you. As such, You warrant that you hold all the rights necessary to use such information and / or images as part of your profile and grant Enky a right of use, reproduction and representation in connection with your use and the making available of the Enky Application as well as in the context of any promotion of the Services used by Enky (via the internet, television and / or in paper form). This authorization is valid for the duration of your Enky membership and covers both the elements subject to intellectual property rights and those that are part of the protection of your privacy and your right to the image (or that of the business corporation that you represent).
3. KYC (Know your Customer) policy
3.1. In accordance with the due diligence requirements for financial partners imposed by the various legislative transpositions of the European Parliament and Council Directives 2018/843 of 30 May 2018 and 2015/849 on the prevention of the fraudulent use of the financial system for the purpose of money laundering or terrorist financing, as well as Directives 2009/138 / EC and 2013/36 / EU, Enky will carry out an identity check of each Buyer automatically on each new accession.
3.2. The validation of your membership will only be effective after verification of your identity via the Enky Application. Failing to take part in this verification of identity and / or Enky is not able to verify your identity, your membership will be suspended to be validated only after validation of your identity by any other means proposed by Enky .
3.3. As long as the identity of your company and / or your beneficial owners is not verified, it is impossible to use the Services offered by Enky. Enky reserves the right to suspend and / or terminate access to the Services in the event that You provide false information. You also agree to provide all the proof required by Enky, on the first request.
4. Buying of Furniture
4.1. Enky offers you to buy Furniture from a range of products listed on the Enky platform. These Goods will then be made available to Enky who will then offer them to the Subscription / Rental to third parties in exchange for a Rent during the Subscription / Rental periods, giving rise to rental income which is acquired after effective payment of Tenant of a Rent for the period concerned.
4.2. You must be registered on the Website and have accepted the present GCM to proceed with the Purchase by having adequately completed your accounting, billing and payment data.
4.3. Only the Personal Property made available by Enky will be likely to be purchased by You to then be put in Subscription / Rental. It is therefore not possible to bring other Personal goods or furniture that do not transit through the Enky platform.
4.4. To enable you to choose among the proposed Furniture, Enky offers you various Products by listing the characteristics of the Products, their usage, their presumed period of amortization as well as the theoretical return generated by a Subscription / Rental (limited return to the period during which the Furniture is actually rented). To allow You to apprehend the theoretical return of the Subscription / Rental of a Furniture theoretical performance projections and a depreciation schedule can be presented prior to the purchase of the product in question. The information given to You in connection with the presentation of the Product is only indicative and does not carry any rights acquired by you, nor any obligation in the name of Enky.
4.5. Once the Product(s) chosen (up to a maximum limit of order appreciated unilaterally by Enky) You select them to appear in your shopping cart.
4.6. Before making the payment, You must confirm again to have read and approve these terms and conditions.
4.7. During the payment process, You are led to confirm a payment method for which You confirm to have the banking and representation powers authorizing You to their use.
4.8. Any order from a Buyer binds the latter by the validation of the order basket and the payment of the price. The internal organization of the Customer is unenforceable and the employees, sales representatives, agents or intermediaries of the Buyer are irrefutably presumed, have the mandate to engage him in our regard. On the contrary, our employees, representatives and intermediaries have no power to commit us. The commitments made by our representatives become final only after our acceptance. Our commitments are canceled by right when a case of force majeure prevents the execution (strike, lockout, fire, flood, equipment damage, riots, war, economic troubles, etc ...). Our commitments are also suspended when events of force majeure suspend the execution.
4.9. We reserve the right, at any time and in any circumstance, to correct in the order confirmation any errors that may have been made on the web pages, of any nature whatsoever (price, delay, etc...). We also reserve the right to modify, at any time, the terms of the order, which you accept as long as this does not distort the Contract.
4.10. Unless otherwise stipulated, the sale prices stipulated on our website are net excluding VAT and excluding taxes.
4.11. In the absence of payment or in the event of suspension of your payments by the Bank or a third party, We are authorized to suspend, all or in part, the execution of the current Contract as well as any other Order until the day of the full settlement by You of the amounts due, without prejudice to our right to claim the payment of damages and interests.
4.12. Any request for a judicial reorganization, bankruptcy, reorganization or liquidation, suspension of payment, or any other event that may involve the insolvency of the Buyer / Owner gives us the right to suspend all our obligations without formalities and terminate all or part of the current Purchase Contracts without any other formality than notification by registered mail.
4.13. Once the Purchase has been accepted and paid, You become the owner of the Furniture in question except that You expressly and definitively waive your right of use on the Property You purchased. In fact, once the purchase price has been paid, the Furniture is then made available to Enky, who offers them for Subscription / Renting to third parties, within a period that depends on the availability of the Furniture.
4.14. By your membership, You confirm that the Purchase of the Property is done with the objective of renting them to thirds by Enky, and You confirm to accept that the Furniture is not delivered to You, but is put at the disposal of Enky .
4.15. The Purchase you make is a Term Purchase, but variable and whose duration depends on the type of Property, its usage, its amortization, the number of months of Subscription / Lease and the periods of Rental income. The presumed duration of the Purchase period is defined in an indicative depreciation table which is communicated to You when choosing the Furniture. If for any reason, the Furniture cannot be rented for a sufficient number of months to allow its amortization during the initially defined Purchase Period You agree that the Purchase Period may be extended until the Property is fully depreciated without exceeding an additional period of 1/3 of the initial amortization period (with a minimum of 24 months). The amortization table produced by Enky includes a period that is defined on the basis of the effective Subscription / Lease periods of the Asset.
4.16. The Purchase Period cannot be terminated prematurely and You confirm that You commit for this period without modification except to resell the Property to Enky, for the purpose of resale to another Buyer, in accordance with the provisions of Article 4.24 of the hereof terms and conditions.
4.17. The purchase of the furniture is done by a single transaction. The payment will in no case be the subject of a spread of payment.
4.18. Upon receipt of payment of the Purchase Price by Enky, the ownership of the Property is automatically transferred to you with the associated risks.
4.19. An invoice is delivered to you within a period of 8 days after payment of the price to the email mentioned during your order. Enky assumes no liability if, for any reason, the billing details mentioned during your membership is incorrect.
4.20. When ordering, Enky provides you with a depreciation schedule corresponding to the period of purchase and the provision period predefined and accepted by the buyer. It is then up to you to apply or adapt this depreciation in your accounting according to your own modes of management. Without Enky assuming any responsibility or that your accounting could be declared opposable to Enky
4.21. From the Purchase of the Furniture You agree not to give, rent, sublet, assign or sell the Furniture that belongs to you except in connection with a sale to another buyer member in accordance with the provisions of article 4.24 of these general conditions. You also agree not to pledge the property to third parties.
4.22. At the end of the Purchase Period, if the Property you purchased is fully depreciated (You have recovered the principal amount) according to the Initial Amortization Schedule, You agree to give it to Enky, without any financial compensation, in order to allow a repackaging or dismantling of the furniture. You therefore concede as of your adhesion to a commitment of donation of the Property to Enky. It will be up to you to account for this transaction in your accounting without Enky taking any responsibility in this regard.
4.23. If the Property is not fully depreciated (you have not recovered the capital) at the end of the Purchase Period and after the additional period defined in Article 6.3, You grant Enky a Buying call option defined on the basis of the unamortized value of the Property. If We do not exercise it within 3 months You can recover the use of the furniture provided on the condition that you bear the cost of recovery (including logistics costs).
4.24. During the period of the purchase of the Property and 1 year after the date of purchase and provided that the remaining time of the Contract is still more than 12 months, You have the opportunity to inform Enky of your willingness to resell a Property of which you have become an Owner via the Enky platform. When such a request is made, Enky may offer this property for sale to other Buyers registered on the platform. If We conclude a sale with a Buyer, We then undertake to pay you within 8 days an amount corresponding to the undeducted value of the Property. The transaction will be deemed Enky's call of the Enky Buying call option as defined in section 4.25. Fees calculated on a case-by-case basis will be charged to you in covering management fees and administration. The amount of these fees will be previously provided on the platform.
4.25. During the entire Purchase Period, a Buying call option is granted to Enky.
Enky may therefore at any time become the owner of the Property purchased by You through the payment of an amount corresponding to the undeducted value of the Property in accordance with the Amortization Schedule. By your membership, You agree that Enky may exercise this Buying call option at any time. Once the price of the Buying call option is paid by Enky, an unnumbered sales bill, in the name of Enky will be established for You by Enky following the self billing system defined below.
This Buying call option shall be exercised but not exclusively in the following cases:
- You wish to resell a Property and Enky has concluded a sale with another Buyer registered on the platform;
- A Tenant wishes to become the owner of a Property that he has rented or subscribed to during a certain period;
- Any other reason at the discretion of Enky
5. Insolvency of the Buyer
5.1. If for any reason You are indebted of money towards Enky either for a default of payment, a seizure or a financial block by a payment agency, any unpaid sum generates the obligation for You to pay a default interest of 8% and a conventional indemnity of 10% of the unpaid sums, this within 8 days from the deadline of payment not respected.
5.2. In the event of seizure of the assets of the Buyer, including the claims of the Buyer and / or the Furniture owned by you, Enky has the right to record the administrative and judicial costs in connection with the seizure.
5.3. In addition, We are authorized to proceed by compensation with the sums that are due to Enky.
5.4. In case of bankruptcy, Enky is free to apply in writing for the continuation or termination of the Contract.
6. Making furniture available to Enky
6.1. Once the piece of furniture has been purchased, You irrevocably agree for a fixed and irreducible period to make available to Enky these pieces of Furniture so that Enky can offer them in Subscription / Rental to third parties.
6.2. Enky has defined for each piece of furniture a depreciation period which depends on the value, the state, the conditions of each piece of furniture and the parameters of the platform. The maximum amortization period of each Asset purchased by the Buyer for the purposes of a Subscription / Lease is established on the platform. This amortization period is available at the time of the order according to a depreciation schedule that You accept irrevocably without being able to dispute the amounts, nor the duration.
6.3. The duration of the provision is equivalent to the period of purchase of the property. Consequently the period of provision is fixed for a term, but whose term is variable. If for any reason, the Asset cannot be rented for a sufficient number of months allowing its amortization during the Purchase Period initially defined, You agree that the period of availability may be extended until full amortization of the Property without exceeding an additional period of 1/3 of the initial amortization period (with a minimum of 24 months).
6.4. The duration of the provision cannot be terminated prematurely and You confirm that You agree for this period without modification except in the context of a sale to another Buyer member in accordance with the provisions of Article 4.25 of these terms and conditions.
6.5. The Furniture that you buy are given to Rental / Subscription by Enky to third parties wishing to dispose of such Furniture for periods which by essence may be less than the period of Purchase or Depreciation of the Furniture.
6.6. Whenever the Property is Rented, Enky informs you that it has found a Tenant without You being able to refuse the Subscription / Rental of the Property or formulate a dispute regarding the identity of the Tenant or the agreed Subscription / Rental period. You will receive an email confirming the Subscription / Rental and a payment schedule with an indicative projection of the monthly Rental income based on the Subscription / Projected Rental of the Furniture.
6.7. The periods of Subscription / Rental with third parties are determined and cannot be terminated by the Tenant in advance unless with the payment of a termination indemnity equivalent to the difference between the price paid by the Tenant and the price for the actual duration that will be returning to You if it is paid.
7. Concept - definition of services
7.1. Enky will act as an intermediary for the purpose of making the furniture that You own available to third parties in return for a Rent.
7.2. Enky evaluates and verifies the identity of the Subscribers / Tenants using KYC and Identity Verification Tools to prevent fraud. In addition, Enky requires any prospective Tenant to provide a proof of address.
7.3. Enky charges the Tenants each month for the payment of the Rent due for the Subscription / Rental of the furniture, which also includes management fees and Services. This Rent and these expenses are increased by VAT. Moreover, if at the end of the Subscription / Rental when the furniture is returned, it appears to Enky that there is a cost of repairing the Furniture, Enky will charge the Tenant for the repair costs.
7.4. By your membership, you also give Enky an irrevocable mandate to take all the necessary actions to ensure the management of the furniture, their Subscription / Rental and maintenance as well as the collection of the Rent due by the Tenants.
7.5. As an intermediary, Enky deals with the management of Subscription / Rentals and the collection of the Rent and maintenance of furniture periodically according to the Property, its condition and its usage.
7.6. All the furniture you buy will be stored by Enky. In the same way Enky will ensure the transport of the furniture, as well as the delivery and the removal of the furniture by the Tenants.
7.7. Enky does not guarantee in any case the effective payment of the Rents by its Tenants / Subscribers and by adhering to these conditions You confirm to be aware that there is a risk that the Tenants present defaults which can prevent the payment of Your Rental income, without You holding Enky responsible.
7.8. In case of non-payment by the Tenants, Enky undertakes the amicable recovery with the Tenant in question. You hereby give Enky a mandate to collect the Rent. In case of need for judicial collection, Enky sends you a request for confirmation of your agreement to initiate the ad hoc procedures. In the absence of protests 15 days after the sending of the request by mail, You are considered to have given your agreement and if necessary to bear the final risk related to the expenses and judicial fees in connection with the recovery and which would not have been recovered with the Tenant.
7.9. In the same way, you also understand that there is a risk that the furniture belonging to You which is Rented to Tenants may be damaged or stolen by Tenants.
7.10. Right of Claim
7.10.1. In the event that a Furniture placed in Subscription / Rental would be the subject of a seizure by a third party, the Owner of the piece of furniture in question assigns his rights to Enky to initiate proceedings to the claim the furniture in question on the name of the Owner and on his behalf.
7.10.2. You agree to bear the costs of this claim action, including the costs of Justice.
7.11. Enky does not provide and has not taken out any insurance concerning the furniture purchased by You; put in Subscription / Rental.
8. Collection of Rental income
8.1. You confirm that you accept that your right to the payment of Rental income is born only after receipt by Enky of the Rent payment by the Tenant for the defined period. The payment of the Rent is therefore the generative fact of the Rental Income.
8.2. Enky can never and in no case be held responsible in case of non-payment by the Tenants who remain the only debtors of the payment of the Rent relative to the Furniture placed at their disposal.
8.3. You agree not to transfer receivables resulting from the Rental income to a third party without the agreement of Enky.
8.4. You are informed that income from the Furniture Rental / Subscription must be considered taxable income and it is up to the owner to check the applicable rules.
8.5. This Rental income is calculated by Enky taking into account the value of the Furniture purchased, the amortization period and the period of Subscription / Rental of the furniture, and is presented to you at the time of the Subscription / Rental by a new Tenant (based on the residual value of amortization and the interest depending on the duration) without You being able to dispute the monthly amount of the Rental income.
8.6. This amount is communicated as an indication for each Subscription / Lease based on a predefined Amortization Schedule depending on the Product chosen and a presumed duration. You acknowledge, however, that the duration is variable and depends on the effective period of Subscription / Rental of the Asset.
8.7. Once the Rent paid by the Tenant, at the latest within eight (8) days of the receipt of the sums by Enky, We undertake to pay You the Rental income due to You and defined in the Payment Schedule based on effective periods of Subscription / Rental.
8.8. You agree to notify Enky of any changes of your bank account.
8.9. Rental income will be subject to an invoice which will be established monthly on the basis of the self billing process defined in section 9. An annual tax record will also be issued by Enky on your behalf.
9. Self Billing
9.1. By your adherence to these GCM You authorize Enky to issue each month, an invoice in the name and on behalf of your company summarizing the detail of Rental income for the period according to the process of self billing as defined in Article 53 § 2 paragraph 2 of the Belgian VAT Code for Belgian Buyers and Council Directive 2010/45 / EU of 13 July 2010 amending Directive 2006/112 / EC on the common system of value added tax as regards invoicing for Buyers domiciled in another Member State and You confirm that your agreement applies irrevocably for all invoices to be issued during the Subscription / Rental period and for all Furniture owned by You and made available to Enky.
9.2. When Enky has prepared the invoice established in the name of your company, You will receive an email to the address referenced during your membership informing you of the edition of the document. You then have a period of 8 days to check the invoice established by Enky by logging onto the platform via your login to your personal account. Once this period has passed, You will be presumed having accepted the invoice.
9.3. The invoice sent to you includes the date of issue, but does not include any numbering to allow you to match it to your own accounting system.
9.4. Through the use of the self billing process You irrevocably acknowledge and agree that Enky may make the deductions and payments claimed by the relevant tax authorities and the amounts not subject to VAT will be paid to You.
9.5. The self billing agreement is a condition sine qua non for the proper functioning of the Enky platform and is assumed to take effect in the first operation and applies all operations until the end of the contract.
10. Use, availability of the platform and services
10.1. The Buyer / Owner can access the platform is via the public URL www.enky.com
10.2. Access to the Services requires the Buyer to connect to the Website by entering his identification codes.
10.3. The Services are accessible 24 hours a day, 7 days a week, except in the case of force majeure, the occurrence of an event beyond the control or the will of Enky, and subject to possible breakdowns and maintenance and installation operations. necessary for the proper functioning of the Plateform and the provision of the Services (hereinafter the "Maintenance Operations")
10.4. The Buyer is informed that the Website and the Services may be suspended to carry out the Maintenance Operations. In this respect, Enky undertakes to inform the Buyers as soon as possible and at least 24 hours after the occurrence of a Maintenance Operation. Enky undertakes to carry out the necessary operations to restore the Website and / or the Service as soon as possible.
10.5. Enky cannot be held responsible for a malfunction of the Website, Application, Services or Platform that is attributable to the behavior of the Buyer.
10.6. You declare to accept the characteristics and the limits of an online service and in particular to recognize:
- Having knowledge of the vagaries of the supply of online services, in particular with regard to response times;
- be responsible for your actions and omissions on the internet;
- It is Your responsibility to take all appropriate measures to protect your own data and / or software from contamination by viruses that may be circulating on the Internet or by any other electronic means.
11. Protection of personal data
11.1. Enky undertakes to ensure that the confidentiality of the personal data that You transmit is respected and uses this personal data only within a legal framework.
11.2. Enky, in its relations with the Buyer, is obliged to process, for its own, personal data of the Buyer, which (i) were communicated by him at the time of his registration or (ii) later via the Enky Application.
11.3. Data whose communication to Enky is mandatory are identified as such at the time of the Buyer's registration.
11.4. Except upon request or with the express consent of the Buyer and in strict compliance with its instructions, Enky will not make any further processing of personal data other than those described in this Article.
11.5. Data relating to the Buyer / Owner will be communicated to the Tenant only in case of an express request from the Tenant. Enky will inform the Buyer if this is the case.
11.6. The data relating to each Tenant will be communicated to the Buyer only in case of an express request of the latter. Enky reserves the right to inform the Tenant if necessary.
11.7. Your data is collected by Enky (i) for the use of the Enky Application and as part of the investment; (ii) to keep you informed of the latest Enky news, including via push notifications within the Enky Application, by email or SMS; (iii) the dissemination of advertising content via the Enky Application; and (iv) any other use that improves the functionality of the Enky Application and / or any other service provided by Enky.
11.8. You agree, in order to manage your account and provide our Services, that We retain such information for the entire duration of your use of the Enky Application and a period of two(2) years from the termination of the account for any reason. At the end of this period, all personal data to identify the relevant Buyer are deleted, with the exception of those whose retention by Enky is necessary so that it is able to fulfill its legal obligations ( eg, billing data, identification of content authors, provision of collateral).
11.9. As part of the furniture transaction, Enky may retain the Buyer's data for a period of time beyond the closure of that Buyer's personal account, in particular to fulfill its obligations relating to the collection of personal data. payments by Enky and / or to enable the provision of probative material throughout the legal limitation period.
11.10. You have the right to access, rectify and / or delete personal data concerning You in our possession. To exercise one of its rights, it is sufficient for the Buyer to use the account management tool that is offered, or to write to the following address firstname.lastname@example.org indicating his name, first name and email address. At any time, the Buyer may access his personal data and update it, or delete his account and personal information attached through his username and password.
11.11. In certain special circumstances, Enky may disclose your personal data, when these are required by the judicial authorities.
11.12. Your personal data, including e-mail addresses, are not subject to any Subscription / Rental, sale, exchange or sharing with other providers if You have not expressly agreed to receive promotional offers from other companies that may interest you.
11.13. If you wish to modify your personal data or if you no longer wish to receive information from "Enky", you can proceed by writing to us by mail to the following address: email@example.com
12.1. In a general way the services of Enky create only obligations of means, to the express exclusion of any obligation of result. Enky is committed to providing Furniture, but cannot commit to renting it.
12.2. Enky assumes no obligation to advise you, whether in terms of the number or type of Property.
12.3. Enky shall never be held liable for any damage to the Property that it has placed on Subscription / Rental, which You acknowledge and agree to.
12.4. By your membership, you agree that there is a risk that the Furniture may be stolen without Enky being held liable.
12.5. Enky does not guarantee the creditworthiness of Tenants and can never be held responsible for non-payment by Tenants, which You acknowledge and accept.
12.6. Enky cannot further be held responsible for having removed or made impossible access to content published on the platform and manifested illegal.
12.7. In any case, the liability of Enky is expressly limited to the compensation of the direct damage resulting from our only heavy and intentional mistakes or those of one of our agents. Our responsibility is expressly excluded in case of serious unintentional fault and slight fault(s) even repeated, without this enumeration being limiting.
12.8. In all cases, our liability is limited exclusively to the replacement or reconditioning of the goods delivered or work provided.
12.9. Indirect damages are therefore expressly excluded. In particular, any damage or loss of data, loss of profit, loss of clientele, etc., are considered indirect damages.
12.10. We do not accept any liability in the event of damage to persons, property or the product being sold.
12.11. Enky assumes no responsibility for the tax qualification of Rental income or the imputation that the Buyer makes in his accounting. By adhering to these conditions You confirm to take full responsibility and assume to take responsibility for all tax declarations resulting.
13. Intellectual property
13.1. By its adherence, the Buyer agrees not to copy or use Enky's concept without Enky's authorization, nor any confidential or essential data for the operation of the platform.
13.2. Buyer further acknowledges that Enky owns all intellectual property rights in the text, graphics, sound, video, software or any other component of the Enky platform, including the trading name. The Website constitutes a work in which only Enky is the owner of the intellectual property rights.
13.3. The User agrees not to infringe the intellectual property rights of Enky. No functionality of the website, including the functions of printing, downloading or sending by e-mail, may be used by the User with the object or with the effect of infringing the intellectual property rights attached. the Site and the elements that make it up.
14. Modification of the General Conditions
14.1. Any modification of the General Conditions as well as selling prices of the Furniture and other possible expenses will be available on the site of Enky.
14.2. By purchasing a Product from Enky, You acknowledge having read the current rates and the General Conditions applicable at that time and accept them.
14.3. The most recent version of GCM cancels and replaces earlier versions.
15. Miscellaneous Provisions
15.1. If any of the clauses of these GCM prove to be void and / or abusive, the Contract will remain applicable in all its provisions other than those considered null or abusive if it can survive without these clauses.
15.2. For the execution of the present, the Parties agree to elect domicile under the following conditions;
- For Enky, at the address of its registered office as indicated in the legal notices;
- For the Buyer, to the address indicated during his registration;
16. Applicable law - Litigation
16.1. The GCM are subject to Belgian law.
16.2. Any dispute that has not been settled first amicably will be governed by Belgian law and will be subject to the exclusive jurisdiction of the courts of Brussels ruling in French.
16.3. The computerized registers will be stored in Enky's computer systems under reasonable security conditions and will be considered as proof of exchanges, orders and payments made on the Enky Application or by email.