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CONDITIONS OF USE OF THE E-SHOP

Terms of use for the e-shop of XML srl/bv (“the Company”)

Before using this website, users are invited to read the Terms of Use set out below.

SRL XML is a company with its registered office located at Avenue de Tervuren 120, box 3, 1150 Woluwe-Saint-Pierre (Belgium), and which is registered with the Crossroads Bank for Enterprises under no. 0882.760.079; VAT BE 0882.760.079 (“the Company”).

This website www.masksforbelgium.com (“the e-shop”) is made available to users subject to their full acceptance of the following terms and conditions.

Access to or use of the e-shop implies agreement by the user, in his/her name or that of his/her business, with the Terms of Use set out below. Where users disagree with these Terms of Use, they may not access or use the e-shop.

Use of the e-shop is also subject to the Terms and Conditions of Sale and the Privacy and Cookie Policies.

Failure on the part of the Company to rely on any provision(s) in these Terms of Use at a given time shall not constitute a waiver of its right to rely on such provision(s) at a later date.

 

Article 1: Modification, amendment or deletion of provisions in the Terms of Use

The Company shall be entitled to modify, amend or delete the terms and conditions governing access to and use of the e-shop, as well as the Terms and Conditions of Sale and the Privacy and Cookie Policies.

Users shall be solely responsible for consulting them on a regular basis to verify any changes.

In the event of any inconsistency or contradiction between the Terms of Use and the Terms and Conditions of Sale, the Privacy Policy and the Cookie Policy, the Terms and Conditions of Sale, the Privacy Policy and the Cookie Policy shall prevail.

The content of these Terms of Use shall not be modified by virtue of the contractual relationship between the Company and the user. The Company may, at any time and without notifying the user, transfer its rights and obligations arising from these Terms of Use to any person designated by it.

Article 2: Personal and non-commercial use of the e-shop

Users may only use the e-shop for personal and non-commercial purposes.

No modification, copying, distribution, transmission, exhibition, reproduction, publication, licensing, creation of derivative works, transfer or sale of any information relating to the products, images, representations or computer system elements from the e-shop shall be permitted without the prior written consent of the Company.

No screenshots allowing for the selection of a logo, trademark or other data present on the e-shop may be taken without the prior written consent of the Company.

In the event of non-compliance by the user with article 2 of the Terms of Use, the Company reserves the right to request compensation from the user.

The following uses of the e-shop are strictly prohibited:

  • uses resulting in disruption, damage or alteration of the e-shop (viruses, Trojan horses, malicious software or programs, etc.);
  • attempts to access or fraudulently access the e-shop, storage server or any other data stored in connection with the e-shop;
  • using the e-shop to disrupt the services offered by the Company;
  • uses that are part of a fraudulent, criminal or illegal activity.

Article 3: Intellectual property

All elements present on the e-shop may be protected by intellectual property rights (trademarks, designs, graphics, interfaces, trade names, codes, images, the layout and selection of each of these elements, etc.) held by the Company.

The Company is the owner of all elements present on the e-shop or holds the rights necessary for their use.

Article 4: Data provided by users

Apart from any personal data collected in accordance with the Company’s Privacy Policy, any other communication or information downloaded, uploaded, posted or transmitted, in any way whatsoever, on the e-shop shall be deemed to be non-confidential and the property of the Company, including for commercial use.

Users waive their right of ownership and acknowledge the right of ownership of the Company over such communications or information without any obligation, compensation or notification being due to users.

Article 5: Links to third-party websites

The Company does not control any of the websites operated or owned by third parties to which it links. The Company shall not therefore be liable for their practices or content, which are governed by the privacy policies specific to such third-party websites. Access to and use of such third-party websites shall therefore be solely at the user’s risk.

Linking to a third-party website by the Company shall not imply any association or affiliation between such third-party website and the Company.

Article 6: Limitation of liability

Access to the e-shop shall be solely at the user’s risk. The Company does not guarantee that it is certain to meet the needs of users.

The Company does not guarantee the accuracy or completeness of the e-shop or third-party websites mentioned.

The Company does not guarantee the suitability, availability or accessibility in all places of the e-shop content. Users located outside Belgium are solely responsible for accessing the e-shop and ensuring that they comply with the laws applicable to them.

To the extent permitted by law, the Company provides no express or implied warranty regarding use of the e-shop or its content, including but not limited to the material, texts, information, graphics, services, links, etc.

The Company does not guarantee the continuous, uninterrupted or error-free operation of the e-shop. It does not guarantee the correction of bugs or the absence of malicious or harmful software on the e-shop or on the server giving access thereto.

The Company shall limit, insofar as possible, the duration and frequency of any restriction or suspension of access to the e-shop connected with its maintenance or repair.

Subject to any damage caused by fraud, the Company, its shareholders, bodies, directors, managers, executives, employees or agents, shall not, under any circumstances, be liable, to users or any third parties, for losses or damage, including but not limited to, direct, indirect, consequential or incidental damage resulting from the transmission of a computer virus due to use of the e-shop or access thereto, with regard to users or any third parties.

Article 7: Indemnification

In the event of a breach of the Terms of Use or negligent, fraudulent or unlawful use of the e-shop by the user or by a third party via the user’s account, the user shall indemnify and hold harmless the Company against any claim or proceedings brought by a third party against it, as well as against any loss or damage that may result for the Company, its shareholders, bodies, directors, managers, executives, employees, agents and suppliers.

Article 8: Applicable law and resolution of disputes

The Terms of Use of the e-shop are governed by Belgian law.

In the event of any dispute relating directly or indirectly to the e-shop, the courts of the district of Brussels (Belgium) shall have exclusive jurisdiction, even in the event of multiple defendants or third-party claims.

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