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ENVIO GRATUITO A PARTIR DE 250€TTC

na Europa, exceto Creta e Grécia

EXPEDIÇÃO OFERECIDA A PARTIR DE 250€TTC na Europa, exceto Creta e Grécia

Terms and conditions of use

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 at any time the conditions set forth on the Site, including its TOS. The applicable GCU are therefore those in force on the Site at the time of use. We therefore recommend that you consult the GTCU 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 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 communication, by the User, of information allowing his/her identification. The User undertakes to provide accurate and complete details of his or her identity and to refrain from impersonating 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 PARTNERS, in particular the services that allow the User to place content on the Site, the User agrees 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 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, inciting hatred, revisionist, immoral, violating privacy;
  • directly or indirectly broadcast or publish information about one's 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 Company's interests.

ARTICLE 2 - FEATURES PROPOSED 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 and conditions set forth in the Site's General Terms and Conditions of Sale (also referred to as "the GTCS"), which are supplemented ;
  • to contact the company;
  • to subscribe to the newsletter;
  • 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 remove them, temporarily or permanently, without the User's consent.

2.2 Site languages

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 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 anything that may occur on his behalf and from his computer terminal. The User undertakes to notify the Site immediately, in the event that he has reason to believe that his username or email 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 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 copying of logos, textual, pictorial or video content, without this list being limitative, is strictly forbidden and constitutes counterfeiting. Any member found guilty of infringement may have his or her account deleted without notice or compensation and without such deletion constituting damages, without prejudice to any subsequent legal action taken against him or her by the publisher of this site or his or her agent.

The company names, trademarks and distinctive signs featured on the site are protected by Belgian and international law. Any person proceeding to their representation, reproduction, nesting, distribution and rebroadcasting, in whole or in part, incurs the penalties provided by law, unless they have obtained express authorization for this purpose.

4.2 Content published by the User

All Content (in particular texts, comments, files, images, photos, videos, works, etc... ), possibly 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 license defined below to the Company, on a case-by-case basis, other particular conditions previously accepted for specific services potentially available on the Site or associated. Users are free to publish or not to publish such Content on the Site and accept that such Content becomes public and freely accessible, in particular 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 that their name may be associated with the Content and accept that this association is not always made. By their publication, Users authorize 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 responsible for any damage resulting from access to 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.

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 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 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 to content published by the User on the Site or press offenses 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;
  • The violation 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 non-conforming Content 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 the use of and/or access to the Site, as soon as it becomes aware of the User's failure to comply with these general 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 may also delete Content posted on the Site. To do so, he/she 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, content title.

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 notices 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 filed within the following 365 days, such claim will forever be unenforceable at law.

ARTICLE 8 - COMPLETENESS

If one or more stipulations of the GCU are declared null or 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 of a scope as close as possible to the spirit hereof. The fact that one of the parties has not required 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 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 foreign mandatory provisions apply.

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