Terms and conditions of use
Preamble
These General Terms and Conditions of Use (hereinafter "GTCU") are entered into between any Internet user (hereinafter "the User" or referred to as "you" or "your") and the website 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 company number 0885940788 and whose registered office is located at Boulevard de l'Eurozone, 102, 7700 Mouscron, Belgium (hereinafter "the Company").
The User and the Site are together referred to as "the Parties".
The Website enables Users to benefit from the functionalities described in article 2.
ARTICLE 1 - GENERAL USE OF THE SITE
- Scope of use
Each visit to and use of the Site is subject to the present GTC and implies the User's unreserved acceptance of the GTC.
The Company reserves the right to modify at any time the conditions set forth on the Site, including its GCU. The GTCU applicable are those in force on the Site at the time of use. You are therefore advised to consult the GTCU regularly.
The term "Use" covers all operations carried out by the User when accessing the Site, including 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).
- Conditions 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 basis. In any event, the Site encourages all persons responsible for minors to monitor their 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 agrees not to impersonate any third party. Otherwise, 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 its PARTNERS, in particular those services which enable the User to place content on the Site, the User undertakes to refrain from the following conduct:
- illegitimately processing 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 of a third party by any means whatsoever;
- disseminate or publish, directly or indirectly, messages or illustrations that are harmful, offensive, racist, hateful, revisionist, immoral or invasive of privacy;
- directly or indirectly disseminate or publish information about his or her 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;
- disseminate content or messages that harm or may harm the Company's interests.
ARTICLE 2 - FEATURES OFFERED BY THE SITE
2.1. Services offered by the Site
The Site enables the User :
- discover the products and services offered by the Company and its network;
- make purchases in accordance with the terms and conditions set out in the Site's General Terms and Conditions of Sale (also referred to as "the GTCS"), which are supplemented by ;
- to contact the company ;
- subscribe to the newsletter;
- participate in a user forum.
The list of functionalities is provided for information purposes only. The Site reserves the right to add or remove features, temporarily or permanently, without the User's consent.
2.2 Site languages
The Site may be consulted in French, English, Spanish, Italian and German, and any contract concluded via the Site may be in French or English.
ARTICLE 3 - POSTING CONTENT ON THE SITE
3.1 In order to promote interaction between Users, the Site offers them various services and modules enabling them to upload content to the Site. For the purposes hereof, "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, regardless of content or form.
3.2 The User is responsible for everything that may occur in his/her name and from his/her computer terminal. The User undertakes to notify the Site immediately if he/she has reason to believe that his/her pseudonym or e-mail address is, or may be, known by a person not authorized to use it. The Site declines all responsibility in the event of use of a User's personal data by an unauthorized third party.
3.3 Under no circumstances may the User communicate commercial information or engage in any form of commerce on the Site, for any reason whatsoever.
ARTICLE 4 - INTELLECTUAL PROPERTY RIGHTS
4.1 Content published on the Site by the Company
All elements of this site are the property of the publisher or a third party agent, or are used by the publisher on the site with the authorization of their owner. Any copy of logos, textual, pictographic or video content, without this list being limitative, is strictly forbidden and is considered as counterfeiting. Any member found guilty of counterfeiting is liable to have his or her account deleted without notice or compensation and without such deletion constituting damages, without prejudice to any subsequent legal proceedings against him or her, at the initiative of the publisher of this site or his or her 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 redistributes them, in whole or in part, is liable to the penalties provided for by law, unless he has obtained express authorization 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 rights, image rights or other private rights, remains the property of the User, subject to the limited rights granted by the license defined below to the Company, on a case-by-case basis, and to other specific conditions previously accepted 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 such Content becomes public and freely accessible, notably on the Internet. They acknowledge, undertake and guarantee that they have all the rights and authorizations required for such publication on the Site, in particular with regard to current legislation and rights to privacy, property, intellectual property, image, contracts or of any other nature. By such publication on the Site, Users are aware of their responsibility as publishers of the Content within the meaning of the law, and grant to the Company, for the entire duration of publication, a non-exclusive, free, worldwide license on the said Content, including the rights of reproduction, representation, loading, display, performance, transmission, storage, as well as sub-licensing, in particular to its subsidiaries, technical partners and other Users of the Site.
Users also authorize their name to be associated with the Content and accept that this association may not always be made. By their publication, Users authorize that Content may automatically become accessible on the Internet, notably 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 request the Company to cease publication.
Article 5 - LIABILITY
5.1 Responsibility for and on the Site
Consultation and use of the Site is under the User's responsibility. 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 responsible for any damage resulting from access and/or use of the Site and the information it contains. The User is further 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 with regard to response times for consulting or querying the server hosting the Site, technical performance, risks of interruption and, more generally, any risk incurred during data transmission.
Consequently, the Company and, more generally, its network cannot under any circumstances be held responsible for, without this list being limitative, :
- any information consulted on the Site which has not been put online by the Company;
- any network malfunction preventing the Site from operating properly;
- loss of any data;
- malfunction of any software;
- consequences of any computer virus, bug, anomaly or failure;
- any damage 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 them. In its capacity as host, the company cannot be held liable for activities or content stored on the Site. The Site may therefore delete any illicit or manifestly illicit 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 Content submitted by Users.
5.2 User responsibility
5.2.1 By using the Site, the User agrees to hold the company and its NETWORK harmless 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 to content published by the User on the Site or press offences in connection with items sent or published on the Site;
- Any publication of content on the Site contrary to these terms and conditions, including for fraudulent purposes;
- Violation of these GCU.
5.2.2 The Company wishes to make its Users aware of the need to publish 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 are respectful and in keeping 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 in breach of these general terms 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 so, they must submit a request for removal of 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 legitimate request for modification or deletion made by the User will be dealt with as quickly 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 - COMPLAINTS
Any claim relating to the use of the website, the service offered on this site, or any other linked service, the site's pages on any social networks or the general conditions, legal notice or personal data protection policy must be filed within 365 days of the day on which the problem giving rise to the claim arose, and this regardless of any law or rule of law to the contrary. In the event that such a claim is not filed within 365 days, such claim will forever be unenforceable at law.
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 shall retain their force and scope.
The Company will use its best efforts to replace it as soon as possible by a valid stipulation as close as possible to the spirit of the present conditions. The fact that one of the parties has not demanded the application of any clause of the present conditions, whether permanently or temporarily, shall in no case be considered as a waiver of the said clause.
ARTICLE 9 - LAW AND JURISDICTION
Any dispute arising from the interpretation and execution of the GCU shall fall under the exclusive jurisdiction of the Belgian courts. 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, except in the case of mandatory foreign provisions.