Terms and conditions of use
The present General Conditions of Use (hereinafter "GCU") are concluded between any Internet user (hereinafter referred to as "the User" or referred to as "you" or "your") and the site "https://orcaretail.com" (hereinafter referred to as "the Site"), operated by PENNEL & FLIPO SA, a limited company under Belgian law with a share capital of €1,000,000, registered with the Carrefour Bank of Enterprises under company number "Carrefour". (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 Carrefour Bank of Enterprises under the 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 allows Users to benefit from the functionalities described in Article 2.
ARTICLE 1 - GENERAL USE OF THE SITE
- Scope of application
Each visit and each use of the Site is subject to these GTC and implies the User's unreserved acceptance of the GTC.
The Company reserves the right to modify at any time the conditions set out on the Site, including its TOS. The applicable GTC are therefore those in force on the Site at the time of its use. It is therefore recommended that you consult the GTC regularly.
The term "Use" covers all operations carried out by the User when accessing the Site, including simple consultation, regardless of 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 for adult Users who are private individuals or professionals and who use it on a normal basis. In any event, the Site encourages any person responsible for a minor to monitor the use of the Site by the latter.
Access to certain services offered by the Site may be subject to the creation of an account requiring the User to provide information allowing him/her to be identified. The User undertakes to provide accurate and complete data on his identity and refrains from usurping the identity of any third party. In the contrary case, the Site reserves the right not to confirm, suspend or delete the account.
- Prohibited behaviours
By using the Site and the online services offered by the Company and the PARTNERS, in particular the services that allow the User to place content on the Site, the User undertakes to refrain from the following actions
- illegitimately process the personal data of other users of the Site or online services, impersonate any third party, publish or disseminate contact details and other personal information about 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 violate privacy;
- disseminate or publish, directly or indirectly, information about their political, philosophical or religious opinions, their membership of a trade union, their 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 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 articles and services offered by the Company and its network;
- to make purchases in accordance with the terms and conditions 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;
- participate in a user forum.
The list of features 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 Languages of the Site
The Site can be consulted in English, French, Spanish, Italian and German, and any contract concluded via the Site can be in English or French.
ARTICLE 3 - SUBMISSION OF CONTENT TO THE SITE
3.2 The User is responsible for anything that may occur in his name and from his computer terminal. The User undertakes to inform the Site immediately, in the event that he has reason to believe that his pseudo 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 The User may not under any circumstances 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 the elements of this site belong to the editor or to a third party agent, or are used by the editor on the site with the authorisation of their owner. Any copy of the logos, textual, pictographic or video contents, without this enumeration being restrictive, is strictly forbidden and is considered as counterfeiting. Any member who is guilty of counterfeiting may have his or her account deleted without notice or compensation and without this deletion constituting damage, 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 proceeding to their representation, reproduction, imbrication, distribution and redistribution, in whole or in part, shall incur the penalties provided for by law, unless he has obtained express authorisation to do so.
4.2 Content published by the User
All Content (in particular texts, comments, files, images, photos, videos, works, etc.), which may be subject to property rights, intellectual property rights, 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, 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 this Content becomes public and freely accessible, particularly on the Internet. They acknowledge, undertake and guarantee that they have all the rights and authorisations necessary 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 the Content on the Site, Users are aware that they are responsible as publishers of the Content within the meaning of the law, and grant the Company a non-exclusive, free, worldwide licence to publish the Content, including the right to reproduce, represent, upload, display, perform, transmit, store and sub-licence the Content, 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 is not always made. By their publication, Users authorise that Content may automatically become 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 the Site and on the Site
Consultation and use of the Site is under the User's responsibility. The Site may contain links to third party sites. By clicking on these links, the User acknowledges that the Company cannot guarantee the content of these sites, 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 furthermore informed that the Company may have to temporarily interrupt access to the Site for technical reasons, particularly for maintenance purposes. The User accepts these interruptions and waives any claim in this respect. The 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 during data transmission.
Consequently, the Company and, more generally, its network cannot be held responsible under any circumstances, without this list being exhaustive, for
- any information consulted on the Site that is not put online by the company;
- any network malfunction preventing the proper functioning of the Site;
- loss of any data ;
- malfunction of any software ;
- consequences of any computer virus, bug, anomaly or malfunction ;
- 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 them. In its capacity as host, the company cannot be held responsible for the 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 a priori control over the quality, safety, veracity or legality of the Content posted by Users.
5.2 Responsibility of the User
5.2.1 By using the Website, the User agrees to hold the Company and its NETWORK harmless and indemnify it from any damages, costs and expenses, direct and indirect, arising from :
- Any claim by a third party concerning any content submitted on its behalf, in particular for infringement of rights to content published by the User on the Site or press offences in connection with material 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 TOS.
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 are respectful and in accordance 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
6.2 The User also has the possibility of deleting Content posted on the Site. To do so, he must formulate a request to remove the Content via the company's Customer Service. This request must imperatively be accompanied by information allowing the identification of the said Content: surname, first name, email address used when the Content was posted, year of posting, title of the Content.
Any legitimate request for modification or deletion made by the User will be processed as soon as possible by the Company. The User acknowledges that the Company shall not be held liable in any way in this respect, in particular because of the time required to process the request, technical constraints or the physical impossibility of responding.
ARTICLE 7 - COMPLAINTS
ARTICLE 8 - COMPLETENESS
If one or more provisions of the GCU are declared null and void by application of a law, a regulation or following a final judicial or administrative decision, the other provisions shall retain their force and scope.
The Company will use its best efforts to replace it as soon as possible with a valid provision that is as close as possible to the spirit of these conditions. The fact that one of the parties has not required the application of any clause of these conditions, whether permanently or temporarily, shall not in any way be considered as a waiver of the said clause.
ARTICLE 9 - LAW AND JURISDICTION
Any dispute arising from the interpretation and execution of the GTUs 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 for mandatory foreign provisions.