Terms and conditions of use
Preamble
These General Conditions of Use (hereinafter "GCU") are concluded between any Internet user (hereinafter referred to as "the User" or to whom reference is made by "you" or "your") and the site "https://orcaretail.com" (hereinafter "the Site"), operated by PENNEL & FLIPO SA, a limited company under Belgian law with a share capital of €1 000,000, registered with the Banque Carrefour des Entreprises under the company number 0885940788 and whose registered office is located at Boulevard de l'Eurozone, 102 in 7700 Mouscron, Belgium (hereinafter " the Company ").
The User and the Site are together referred to as "the Parties".
The Website allows Users to benefit from the functionalities described in Article 2.
ARTICLE 1 - GENERAL USE OF THE SITE
- Scope of application
Each visit to and use of the Site is subject to these TOU and implies the User's unreserved acceptance of the TOU.
The Company reserves the right to modify the conditions set out on the Site, including its TOS, at any time. The applicable GCU are therefore those in force on the Site at the time of use. We therefore recommend that you consult the Terms and Conditions regularly.
The term "Use" covers all operations carried out by the User upon access to the Site, including its simple consultation, whatever the access device (in particular computer, tablet and Smartphone), the type of connection (private connection, third party connection or public Wi-Fi) and the place of connection (from Belgium or abroad).
- Terms of access to the Site and services
The Site is reserved solely for adult Users who are private individuals or professionals and who use it on a normal frequency. In any event, the Site encourages any person responsible for a minor to monitor the minor's use of the Site.
Access to certain services offered by the Site may be subject to the creation of an account requiring the User to provide information enabling him/her to be identified. The User undertakes to provide accurate and complete details of his/her identity and undertakes not to impersonate any third party. If this is not the case, the Site reserves the right not to confirm, suspend or delete the account.
- Prohibited behavior
By using the Site and the online services offered by the Company and PARTNERS, in particular the services that allow the User to place content on the Site, the User undertakes to refrain from the following conduct:
- assuring illegitimate processing of the personal data of other users of the Site or online services, appropriating the identity of a third party, publishing or disseminating the contact details and other personal information about a third party, by any means whatsoever;
- directly or indirectly broadcast or publish messages or illustrations that are prejudicial, offensive, racist, incitement to hatred, revisionist, immoral, violate privacy;
- directly or indirectly broadcast or publish information about its political, philosophical or religious opinions, trade union membership, health or sexual orientation or any other personal information;
- distribute or publish content or messages on behalf of third parties;
- distribute content or messages that harm or may harm the interests of the Company.
ARTICLE 2 - FEATURES OFFERED BY THE SITE
2.1. Services offered by the Site
The Site allows the User:
- to discover the items and services offered by the Company and its network;
- to make purchases in accordance with the terms set out in the General Terms and Conditions of Sale (also referred to as "the GTCS") of the Site, which are completed ;
- to contact the company;
- to subscribe to the newsletter;
- to participate on an exchange forum intended for users.
The list of features is provided as a guide only. The Site reserves the right to add or delete them, temporarily or permanently, without the User's agreement.
2.2 Languages of the Site
The Site may be consulted in French, English, Spanish, Italian, and German, just as any contract concluded via the Site may be concluded in French or English.
ARTICLE 3 - DEPOSIT OF CONTENT ON THE SITE
3.1 In order to encourage interaction between Users, the Site offers them various services and modules enabling them to upload content to the Site. For the purposes of these Terms and Conditions, "Content" is defined as any element posted by the User on the Site, such as text, comments, images, photographs, videos or any type of file, whatever its content or form.
3.2 The User is responsible for anything that may occur on his/her behalf and from his/her computer terminal. The User undertakes to inform the Site immediately if he/she has reason to believe that his/her pseudonym or email address is, or may be, known by a person not authorised to use it. The Site declines all responsibility in the event of use of a User's personal data by an unauthorised third party.
3.3 Under no circumstances may the User communicate commercial information or carry out any trade on the Site, in any form whatsoever and for any reason whatsoever.
ARTICLE 4 - INTELLECTUAL PROPERTY RIGHTS
4.1 Content published on the Site by the Company
All elements of this site belong to the publisher or a third party agent, or are used by the publisher on the site with the permission of their owner. Any copy of the logos, textual, pictorial or video content, without this list being limitative, is strictly prohibited and is tantamount to counterfeiting. Any member guilty of infringement may have their account deleted without notice or compensation and without this deletion constituting damage, without prejudice to any subsequent legal proceedings against them, at the initiative of the publisher of this site or its agent.
The company names, trademarks and distinctive signs appearing on the site are protected by Belgian and international law. Any person who represents, reproduces, interweaves, distributes or rebroadcasts them, in whole or in part, is liable to the penalties provided for by law, unless they have obtained express authorisation to do so.
4.2 Content published by the User
All Content (in particular text, comments, files, images, photos, videos, works, etc... ), which may be subject to property rights, intellectual property, image rights or other private rights remain the property of the User, subject to the limited rights granted by the licence defined below to the Company, on a case-by-case basis, other specific conditions previously agreed for specific services potentially available on the Site or associated with it. Users are free to publish or not to publish such Content on the Site and accept that this Content becomes public and freely accessible, particularly on the Internet. They acknowledge, undertake and guarantee that they have all the rights and authorisations required for such publication on the Site, in particular with regard to the legislation in force and the rights to privacy, property, intellectual property, image, contracts or of any other nature. By publishing such Content on the Site, Users are aware that they are committing their responsibility as the publisher of the Content within the meaning of the law, and grant the Company a non-exclusive, free, worldwide licence to use said Content for the entire duration of its publication, including the rights of reproduction, representation, loading, display, performance, transmission and storage, as well as the right to sub-licence, in particular to its subsidiaries, technical partners and other Users of the Site.
Users also authorise that their name may be associated with the Content and accept that this association may not always be made. By their publication, Users authorise Content to become automatically accessible on the Internet, in particular on other sites and/or blogs and/or web pages of the Company's Network, including in particular the pages of social networks or Users of sites that may share certain content. Users may ask the Company to stop their publication.
Article 5 - LIABILITY
5.1 Responsibility for and on the Site
The consultation and use of the Site is under the responsibility of the User. The Site may host links to third-party sites. By clicking on these links, the User acknowledges that the company cannot guarantee their content and therefore accepts to access them at his/her own risk. Consequently, the Company and its network cannot be held liable for any damage resulting from access to and/or use of the Site and the information it contains. The User is also informed that the company may temporarily interrupt access to the Site for technical reasons, in particular for maintenance purposes. The User accepts these interruptions and waives any claim in this respect. Use of the Site by the User implies knowledge and acceptance of the characteristics and limits of the technologies inherent in the Internet, in particular as regards response times for consulting or querying the server hosting the Site, technical performance, the risks of interruption and, more generally, any risk incurred when transmitting data.
As a result, the Company and, more generally, its network may not under any circumstances be held liable for, without this list being limitative:
- any information consulted on the Site that is not put online by the company;
- any network malfunction preventing the proper operation of the Site;
- loss of any data;
- dysfunction of any software;
- consequences of any computer virus, bug, anomaly or failure;
- any damage caused to the User's computer.
5.1.2 The company's activity on the Site's forum is limited to putting Users in contact with each other and hosting the content published by Users. In its capacity as host, the company cannot be held liable for the activities or content stored on the Site. The Site may therefore delete any illegal or manifestly illegal content without prior warning or notice. Consequently, the company is not obliged to exercise any a priori control over the quality, safety, veracity or lawfulness of the Content posted by Users.
5.2 Responsibility of the User
5.2.1 By using the Site, the User agrees to hold harmless the Company and its NETWORK and to indemnify it against all damages, costs and expenses, direct and indirect, arising from:
- Any claim by a third party concerning any content filed on its behalf, in particular for infringement of rights on content published by the User on the Site or press offences in relation to items sent or published on the Site;
- Any publication of content on the Site contrary to these general terms and conditions, including for fraudulent purposes;
- The breach of these TOU.
5.2.2 The Company wishes to make its Users aware of the publication of Content, such as shots or other photographs of Users.
The Company draws the attention of its Users to the need to publish or share photographs, images or videos that respect and comply with good morals and the values of the Company and its network. Any Content that does not comply will be systematically removed from the Site.
ARTICLE 6 - USER ACCOUNT MANAGEMENT
6.1 The Company may terminate any registration and/or delete any profile and/or any content and/or any information published on the Site and/or prohibit use of and/or access to the Site, as soon as it becomes aware that the User is not complying with these general terms and conditions of use or for technical reasons. Such modification or deletion may be made without prior notice, notification or warning, at any time and at the sole discretion of the Company.
6.2 The User also has the option of deleting Content posted on the Site. To do this, they must submit a request to remove the Content via the company's Customer Service department. This request must be accompanied by information enabling the content to be identified: surname, first name, e-mail address used when submitting the content, year of submission, title of content.
Any request for modification or deletion made by the User that is founded and legitimate will be processed as soon as possible by the Company. The User acknowledges that the company may not be held liable in any way in this respect, in particular due to the time required to process the request, technical constraints or the physical impossibility of responding.
ARTICLE 7 - CLAIMS
Any claim related to the use of the website, the service offered on this site, or any other linked service, the pages of the site on any social networks or the general conditions, legal notice or Personal Data Protection Policy must be filed within 365 days from the day of origin of the problem source of claim, and this regardless of any law or rule of law to the contrary. In the event that such a claim has not been lodged within the following 365 days, such claim will be forever inapplicable in court.
ARTICLE 8 - COMPLETENESS
If one or more stipulations of the GCU are declared null and void by application of a law, regulation or following a final judicial or administrative decision, the other stipulations will retain their force and scope.
The Company will use its best efforts to proceed as soon as possible with its replacement by a valid stipulation with a scope as close as possible to the spirit hereof. The fact that one of the parties has not demanded the application of any clause of these conditions, whether permanently or temporarily, may in no case be considered as a waiver of the said clause.
ARTICLE 9 - LAW AND JURISDICTION
Any dispute arising from the interpretation and performance of the TOU shall fall under the exclusive jurisdiction of the Belgian courts and tribunals. Unless otherwise provided by law, only the courts of the judicial districts of HAINAUT are competent to hear disputes between the User and the Company.
Belgian law is exclusively applicable, unless there is a foreign mandatory provision.
