Terms and Conditions

- GENERAL SERVICE CONDITIONS -

Definitions and scope

The general terms and conditions for the provision of services, hereinafter referred to as the "general terms and conditions", apply to all orders placed with Mr. Lunettes Interiorstudio, acting on behalf of Blue Penguin, VOF, with registered office at Basilieklaan 46, 3270 Scherpenheuvel, hereinafter referred to as the “service provider”.

These general terms and conditions form the agreement that binds the service provider and the customer, they are hereinafter jointly referred to as the "parties".

The “customer” is any natural or legal person who orders services from the service provider.

The "consumer" is the customer, natural person, who acts for purposes that fall outside his trade, business, craft or profession.

The present general terms and conditions are the only ones applicable between the parties.

These exclude the customer's general or special terms and conditions that the service provider has not expressly accepted in writing. The general terms and conditions can be freely consulted at any time on the service provider's website: www.mrlunettes.be, so that the customer can placing an order must declare that he has taken note of the general terms and conditions and confirms that he accepts the rights and obligations arising from them.

The service provider reserves the right to change these terms and conditions at any time without prior notice, provided that these changes are reflected on its website. These changes will apply to orders for services placed subsequently.

Offer and order

To place an order, the customer chooses the service(s) he wishes to order and informs the service provider by telephone, post, e-mail or, where appropriate, by means of an online form.

The service provider sends the customer an order form regarding his services and, if necessary, requests payment of an advance. The order form contains a statement that reminds the customer of the application of the present general terms and conditions, as well as of the existence of consumers' right of withdrawal.

It is the customer's responsibility to check the correctness of the order and to report any errors immediately to the service provider.

The customer must then accept the order form and return the signed order form to the service provider in order to confirm his order.

The service provider reserves the right to suspend, cancel or refuse the customer's order, in particular if the data communicated by the customer proves to be manifestly incorrect or incomplete or if there is a dispute regarding the payment of a previous order.

In the event of cancellation of the order by the customer, for whatever reason and except for force majeure, after it has been accepted by the service provider, the service provider will collect a sum equal to 30% of the price of the order as damages and interest. and invoiced to the customer.

Payment

Invoices are payable, in the currency of the invoice, at the registered office of the service provider no later than seven days after the invoice date.

Any dispute regarding an invoice must be sent by ordinary and registered letter to the registered office of the service provider within eight days of receipt of the invoice. Failing this, the customer can no longer dispute the invoice.

If an invoice is not paid by the due date, the full outstanding amounts become immediately due and payable.

Any invoice that remains unpaid on the due date will, by operation of law and without prior notice of default, incur late payment interest of 8% per year in respect of a private individual. The Act of 2 August 2002 will apply to traders.

Any invoice that remains unpaid on the due date will also be increased by operation of law and without prior notice of default, by way of compensation and interest, by a fixed compensation amounting to 15% of the unpaid amount.

Price

The price of the products and/or services is shown in euros, taxes not included.

Any increase in VAT (Value Added Tax) or any new tax imposed between the time of the order and its execution will automatically be charged to the customer.

Any delivery costs are not included in the price shown, but are calculated separately during the ordering procedure, depending on the method and place of delivery, as well as the number of services ordered.

Terms

Unless otherwise expressly accepted in writing by the service provider, the delivery and/or execution periods stated in the general terms and conditions are not expiry periods. The service provider cannot be held liable unless there is a significant delay attributable to its serious fault.

The customer cannot invoke the delivery and execution periods to terminate the agreement, cannot claim damages or interest and cannot assert any other claim, unless expressly accepted otherwise in writing by the service provider.

In the event of a delay in delivery of more than thirty working days, the customer will have to send a notice of default to the service provider by registered letter, which will then give the service provider 50% of the prescribed period to carry out the ordered services.

Right of withdrawal

In accordance with Article VI.47 of the Code of Economic Law, the consumer who orders distance services from the service provider has a period of 14 calendar days from the day of concluding the agreement, namely the day on which the consumer receives a summary of his order by email.

If this period expires on a Saturday, Sunday or public holiday, it will be extended to the next working day.

The consumer can express his wish to cancel the purchase via a withdrawal form placed online on the website of the service provider, via a form submitted together with the order form or available on the website of the FPS Economy , SME, Self-Employed and Energy:economie.fgov.be, or via a statement that unquestionably demonstrates the will to withdraw from the agreement.

The service provider will refund the amount paid by the customer to the latter as soon as possible, and at the latest within 14.

The consumer who expressly accepts that the ordered service is already performed before the expiry of the 14-day period and who acknowledges that this performance leads to loss of this right of withdrawal, will exercise this right of withdrawal, in accordance with Article VI.53 of the Code of Economic Law. , can no longer exercise.

The consumer will also not be able to exercise his right of withdrawal if he falls into one of the other exceptions envisaged by Article VI.53 of the Code of Economic Law.

Cancellation of the order

The customer who does not meet the conditions for exercising the right of withdrawal described in the previous clause of these general terms and conditions and who wishes to cancel his order must inform the service provider, who will in turn inform the customer with regarding the procedure to be followed.

Any advance paid by the customer to the service provider will not be refunded to the customer. If no advance payment has been made by the customer, the service provider has the right to demand a cancellation fee from the customer amounting to 30% of the price of the services that were part of the order canceled by the customer.

Execution of the order

The execution times indicated by the service provider are provided for indicative purposes only and do not bind the service provider. A delay in the execution of the order can therefore under no circumstances give rise to any compensation, interest, termination of the agreement and/or suspension of the customer's obligations.

The order will only be processed after full payment.

Receipt of the order and complaints

Any complaints regarding the services provided by the service provider must be submitted in writing within 10 working days after the event giving rise to the complaint occurred. If you fail to submit the complaint in the aforementioned manner and within the prescribed period, this will not be taken into account.

If a complaint proves to be justified, the service provider has the choice between replacing the relevant services or refunding the price of these services.

Intellectual property rights

The information, logos, drawings, brands, models, slogans, corporate identity, etc. accessible via the website or catalog of the service provider are protected by intellectual property rights.

Unless expressly stated otherwise, the customer is not permitted to modify, reproduce, rent, loan, sell, distribute or distribute derivative works based on all or part of the elements depicted on the website or in the service provider's catalogue. to create.

Unless expressly deviated from, the agreed price does not under any circumstances imply a transfer of the intellectual property rights and/or industrial rights in any way whatsoever.

Guarantees regarding the services provided

The service provider undertakes to perform the services with due care.

With regard to the services provided, the customer has a guarantee of compliance with the initially requested services. If a deviation is identified within this period, the service provider will remedy this deviation free of charge and as quickly as possible, provided that these identified deviations are made known as such to the service provider. Are expressly excluded from the conformity guarantee: the services requested as a result of an unauthorized intervention or modification, as a result of incorrect use or as a result of non-conforming use by the customer, or as a result of a deviation created by the intervention of the customer or a third party.

The service provider declares that the results of the services provided, which are protected by intellectual property rights, constitute original creations. If the service provider has called upon third parties to provide all or part of these services, he declares that he has obtained all necessary rights and permissions for the performance of these services.

The service provider therefore indemnifies the customer against any claim, assertion, restitution or opposition from any person who invokes an intellectual or industrial property right with regard to all or part of the services provided, or who commits an act of unfair competition.

Liability

Generalities. The customer acknowledges and accepts that all obligations to which the service provider is obliged must be expressly stated and that it is not liable, except in the case of fraud or gross error. In the event that the customer proves the existence of a gross error or fraud on the part of the service provider, the damage to which the customer can claim is limited to material damage that is the direct consequence of the error attributed to the service provider. , to the exclusion of all other damage. In any case, this damage cannot amount to more than 75% (excluding taxes) of the amount actually paid by the customer in execution of the order.

The customer also acknowledges that the service provider is not liable for any direct or indirect damage caused by the services provided, such as loss of income, increase in general costs, loss of customers, etc.

The service provider is not responsible if incorrect information is provided by the customer, or if an order is placed by a third party on behalf of the customer.

Internet and new technologies

The customer acknowledges the limitations and risks associated with the use of the internet or any other means through which the website will be made available now or in the future. The customer also acknowledges the risks associated with the numerical or electronic storage and transmission of data.

In view of the aforementioned risks, the customer accepts that the service provider cannot be held liable for damage caused by the use of the website (as well as any applications) of the service provider or by the internet.

The customer accepts, among other things, that the exchanged electronic communications and the backups created by the service provider can serve as evidence.

Miscellaneous provisions

Case of force majeure or coincidence. The service provider cannot be held liable either contractually or extra-contractually in the event of temporary or permanent non-performance of its obligations, if this non-performance is due to a case of force majeure or chance.

Are in particular considered to be cases of force majeure or chance: 1) the loss or total or partial destruction of the service provider's IT system or of its database, if one of these events cannot reasonably be attributed directly to the service provider and if it cannot be demonstrated that the service provider has failed to take all reasonable measures that could have avoided these events, 2) earthquakes, 3) fire, 4) floods, 5) epidemics, 6) acts of war or terrorism, 7) declared and undeclared strikes, 8) lock-outs, 9) blockades, 10) uprisings and riots, 11) a suspension of utilities (such as electricity), 12) a defect in the internet connection or databases, 13) a defect in the telecommunications networks, 14) a loss of connection to the internet connection or to the telecommunications networks on which the service provider is dependent, 15) a fact or a decision by a third party that affects the proper execution of the present agreement or 16) any other cause that is beyond reasonable control escapes control of the service provider.

Unforeseeability. If, due to circumstances beyond the control of the service provider, the latter can no longer fulfill its obligations or if the performance of these obligations has become more expensive or difficult, the customer and the service provider undertake to act in good faith and in a loyal manner within within a reasonable period of time to renegotiate the contractual terms in order to restore balance. In the absence of agreement within a reasonable period, each party will have the right to terminate the agreement and the contractual relationships binding the parties without being liable for any compensation of any kind.

Termination of the agreement. In the event of insolvency of the customer or in the event of unpaid debts, even if these arise from previous agreements between the customer and the service provider, the service provider is entitled to suspend the performance of its obligations until the day of full payment by the customer of all outstanding debts.

In the event of non-performance of its obligations by the customer, the service provider may immediately terminate the agreement at the expense of the customer, without being liable for any compensation. This termination of the agreement may, where appropriate, give rise to payment of damages and interest by the customer to the service provider.

Illegality. Unless expressly provided otherwise, any irregularity or nullity of a clause, paragraph or provision (or of part of a clause, paragraph or provision) will not have any influence on the validity of the other clauses, paragraphs or provisions of the present general terms and conditions, nor the remainder of this clause, paragraph or provision.

Titles. The titles used in these terms and conditions are used for reference and convenience only. They in no way influence the meaning or scope of the provisions they indicate.

No distance. The inertia, negligence or delay of a party in exercising any of its rights or remedies in application of the present general terms and conditions cannot in any case be considered as a waiver of this right or remedy.

Applicable law and competent courts. These general terms and conditions are subject to Belgian law.

In the event of a dispute regarding the validity, interpretation, performance or delivery of the services, the parties agree to initiate a mediation procedure before resorting to any other means of dispute resolution.

Where appropriate, the parties shall appoint, by mutual agreement, a recognized mediator from the Federal Mediation Commission (Simon Bolivarlaan 30 (WTC III), 1000 Brussels -https://www.fbc-cfm.be/nl ) or have a third party appoint this recognized mediator. appoint a mediator.

Once a mediator has been appointed, the parties determine the modalities of the mediation together with the mediator.

Either party may terminate the mediation procedure at any time, without prejudice to any other rights.

If the mediation procedure fails, the courts of the following judicial district have jurisdiction: Leuven.

- GENERAL CONDITIONS OF SALE -

Definitions and scope

The general terms and conditions of sale, hereinafter referred to as the "general terms and conditions", apply to all orders placed with Mr. Lunettes Interiorstudio, acting on behalf of Blue Penguin, VOF, with registered office at Basilieklaan 46, 3270 Scherpenheuvel, hereinafter referred to as the “seller”.

These general terms and conditions form the agreement that binds the seller and the customer, they are hereinafter jointly referred to as the "parties".

The “customer” is any natural or legal person who orders products from the seller.

The "consumer" is the customer, natural person, who acts for purposes that fall outside his trade, business, craft or profession.

The present general terms and conditions are the only ones applicable between the parties.

These exclude the customer's general or special terms and conditions that the seller has not expressly accepted in writing. The general terms and conditions can be freely consulted at any time on the seller's website: www.mrlunettes.be, so that the customer can placing an order must declare that he has taken note of the general terms and conditions and confirms that he accepts the rights and obligations arising from them.

The seller reserves the right to change these terms and conditions at any time without prior notice, provided that these changes are reflected on its website. These changes will apply to orders for products placed subsequently.

Offer and order

To place an order, the customer chooses the product(s) he wishes to order by browsing the seller's website, fills in the requested data, checks the accuracy of the order and then makes the payment .

After the seller has received confirmation of payment from the banking institution, he will send the customer a summary of his order. This summary includes, among other things, the order number, the ordered products and their price, the present general terms and conditions or a link to these terms and conditions, as well as an indication of the expected date of delivery or execution of the order.

The seller reserves the right to suspend, cancel or refuse the customer's order, in particular if the data communicated by the customer proves to be manifestly incorrect or incomplete or if there is a dispute regarding the payment of a previous order.

In the event of cancellation of the order by the customer, for whatever reason and except for force majeure, after it has been accepted by the seller, the seller will collect a sum equal to 30% of the price of the order as damages and interest. and invoiced to the customer.

Price

The price of the products and/or services is shown in euros, taxes included.

Any increase in VAT (Value Added Tax) or any new tax imposed between the time of the order and delivery and/or execution will automatically be charged to the customer.

Terms

Unless otherwise expressly accepted in writing by the seller, the delivery and/or execution periods stated in the general terms and conditions are not expiry periods. The seller cannot be held liable, unless there is a significant delay attributable to his serious fault.

In the event of a delay in delivery of more than thirty working days, the customer will have to send a notice of default to the seller by registered letter, which will then give the latter 50% of the prescribed period to receive the ordered product(s). to deliver.

Retention of title

The seller remains the owner of the ordered products until the day of full payment.

The right of ownership of the products is only transferred to the customer after collection or delivery of the items and after full payment of the order. As an exception to Article 1583 of the Civil Code, the goods sold, delivered or installed remain the exclusive property of the seller until the day of full payment of the invoice. As long as payment of the sales price has not been made, the customer is prohibited from pledging, donating or using the items as security in any way. The customer is expressly prohibited from making changes to the items, making them immovable by incorporation or destination, selling them or disposing of them in any way.

As long as the seller has title to the delivered goods, in accordance with the provisions of this clause, the customer remains liable for the maintenance and good condition of these products. During this period, only the customer can be held liable for any loss or damage to the products. If necessary, the customer undertakes to insure the products against any risk. The customer also undertakes to maintain the products in such a way that they cannot be confused with other products and it is at all times clear that the goods are the property of the seller.

Right of withdrawal

In accordance with Article VI.47 of the Code of Economic Law, the consumer who orders products remotely from the seller has a period of 14 calendar days from, as far as products are concerned, the day of delivery of the products or notification that they are available at the agreed collection point, to inform the seller that he wishes to cancel the purchase, without having to provide any compensation and without giving a reason.

If this period expires on a Saturday, Sunday or public holiday, it will be extended to the next working day.

The consumer can express his wish to cancel the purchase via a withdrawal form placed online on the seller's website, via a form submitted together with the order form or available on the website of the FPS Economy , SME, Self-Employed and Energy:economie.fgov.be, or via a statement that unquestionably demonstrates the will to withdraw from the agreement.

The consumer must return the product(s) he wishes to abandon in perfect condition and in their original packaging.

Only the direct costs for returning the goods are exclusively borne by the consumer.

The seller will refund the amount paid by the customer to the latter as soon as possible, and no later than within 14 days of returning the products.

A consumer who opens or uses a product before the expiry of the period within which the right of withdrawal can be exercised is deemed to have waived his right of withdrawal with regard to this product.

The consumer will also not be able to exercise his right of withdrawal if he falls into one of the other exceptions envisaged by Article VI.53 of the Code of Economic Law, in particular in the case of goods that were manufactured according to the consumer's specifications. or that were clearly personalized.

Cancellation of the order

The customer who does not meet the conditions for exercising the right of withdrawal described in the previous clause of these general terms and conditions and who wishes to cancel his order must inform the seller, who will in turn inform the customer with regarding the procedure to be followed.

Any advance paid by the customer to the seller will not be refunded to the customer. If no advance payment has been made by the customer, the seller has the right to demand a cancellation fee from the customer amounting to 30% of the price of the products and/or services that were part of the order canceled by the customer.

Delivery of the order

The delivery times indicated by the seller are provided for indicative purposes only and do not bind the seller. A delay in the delivery of the order can therefore under no circumstances give rise to any compensation, interest, termination of the agreement and/or suspension of the customer's obligations.

The order will only be delivered to the customer or will only be executed after full payment. The transfer of ownership and risks takes place at the time of full payment of the order. The customer is therefore informed that he alone bears the risks associated with the delivery.

Availability

The products offered for sale by the seller are only offered to the extent that they are in stock.

In the event of unavailability of one or more products after payment of the order, the seller undertakes to inform the customer as soon as possible and offers the customer the choice between a refund, a change to his order or a postponed delivery as soon as the products in question are back in stock.

Receipt of the order and complaints

The customer is obliged to compare the enclosed order form, as well as the conformity of the products that are delivered to him or that he collects at the designated collection point, with the products he ordered.

Any complaints must be submitted in writing within a period of 5 working days following delivery of the order or following notification that the order is available at the designated collection point. If the complaint has not been submitted in the aforementioned manner and within the prescribed period, this cannot be taken into account and the customer is deemed to have definitively accepted the order.

If a complaint appears to be justified, the seller/service provider has the choice between replacing the product or refunding the price of these products.

Intellectual property rights

The information, logos, drawings, brands, models, slogans, corporate identity, etc. accessible via the seller's website or catalog are protected by intellectual property rights.

Unless expressly deviated from, the agreed price does not under any circumstances imply a transfer of the intellectual property rights and/or industrial rights in any way whatsoever.

Guarantee

o Legal guarantee for all customers

In accordance with Articles 1641 to 1643 of the Civil Code, the seller is obliged to indemnify the products against hidden defects that make the products unsuitable for the use for which they are intended, or that reduce this use to such an extent that the customer, if If he had known the defect, he would not have purchased the products or would have only purchased them for a lower price.

In the event of discovery of a hidden defect, the customer must act within a short period of time, in accordance with Article 1648 of the Civil Code. The customer will have the choice of either returning the product affected by a hidden defect for a full refund of the price, or keeping the product for a partial refund of the price.

The seller is not obliged to indemnify the products against visible defects that the customer has observed or could have observed at the time of sale. The seller is only obliged to indemnify the customer against hidden defects of which he was aware at the time of sale and which he did not report to the customer.

Only the invoice, receipt or order form are valid as warranty certificates for the customer with regard to the seller. These documents must be kept by the customer and presented in their original version.

o Additional legal guarantee for customers who have the status of consumers

In accordance with Article 1694quater of the Civil Code, the customer who has the status of consumer has a legal guarantee of 2 years for any lack of conformity that existed at the time of delivery of the product and that occurs within a period of 2 years from this delivery.

This warranty consists of the repair or replacement of the defective products free of charge for the consumer.

However, if the repair or replacement proves to be impossible or disproportionate for the seller or would cause serious inconvenience to the consumer, the seller may propose an appropriate price reduction or a refund to the consumer, subject to return of the defective products by the consumer.

If the replacement parts or specific accessories necessary for the repair of the product are no longer available from the manufacturer, the seller cannot be held liable for the loss of the ability to use the product.

The consumer is obliged to inform the seller of this defect in writing and within a maximum period of two months from the day on which he discovered the defect, under penalty of losing his right to complain.

Only the invoice, receipt or order form are valid as warranty certificates for the consumer with regard to the seller. These documents must be kept by the consumer and presented in their original version. The warranty period starts on the date stated on these documents.

This warranty cannot be applied if the defect is due to misuse, an external cause, poor maintenance, normal wear and tear or any use not in accordance with the manufacturer's or seller's instructions.

In the event of damage, theft or loss of a product submitted for repair, the seller's liability is at all times limited to the sales price of the product. Under no circumstances can the seller be held liable for the loss or reproduction of data stored on or by means of electronic devices submitted for repair.

Liability

Generalities. The customer acknowledges and accepts that all obligations to which the seller is obliged must be expressly stated and that the seller cannot be held liable, with the exception of fraud and gross negligence. In the event that the customer proves the existence of a gross error or fraud on the part of the seller, the damage to which the customer can claim is limited to material damage that is the direct result of the error accused by the seller , to the exclusion of all other damage. In any case, this damage cannot amount to more than 75% (excluding taxes) of the amount actually paid by the customer in execution of the order.

The customer also acknowledges that the seller is not liable for any direct or indirect damage caused by the delivered products, such as loss of income, increase in general costs, loss of customers, etc.

The seller is not responsible if incorrect information is provided by the customer, or if an order is placed by a third party on behalf of the customer.

Finally, it is the customer's responsibility to inform himself about any restrictions or customs duties imposed by his country on the ordered products. The seller cannot therefore be held liable if the customer is confronted with any restrictions or the payment of additional taxes as a result of the policy pursued by his country in this matter.

Materials. If the customer imposes a certain process on the seller or materials of a certain quality, or a predetermined type or origin, despite the reservation made in writing and substantiated by the seller, the seller is released from any liability relating to on the defects of the product that are caused by the choice of the aforementioned process or the aforementioned materials.

Internet and new technologies

In view of the aforementioned risks, the customer accepts that the seller cannot be held liable for damage caused by the use of the seller's website (as well as any applications) or the internet.

The customer accepts, among other things, that the exchanged electronic communications and the backups created by the seller can serve as evidence.

Miscellaneous provisions

Case of force majeure or coincidence. The seller cannot be held liable either contractually or extra-contractually in the event of temporary or permanent non-performance of its obligations, if this non-performance is due to a case of force majeure or chance.

Are in particular considered to be cases of force majeure or chance: 1) the loss or total or partial destruction of the seller's computer system or of its database, if one of these events cannot reasonably be attributed directly to the seller and if it cannot be demonstrated that the seller has failed to take all reasonable measures that could have avoided these events, 2) earthquakes, 3) fire, 4) floods, 5) epidemics, 6) acts of war or terrorism, 7) declared and undeclared strikes, 8) lock-outs, 9) blockades, 10) uprisings and riots, 11) a suspension of utilities (such as electricity), 12) a defect in the internet connection or databases, 13) a defect in the telecommunications networks, 14) a loss of connection to the internet connection or to the telecommunications networks on which the seller is dependent, 15) a fact or a decision by a third party that affects the proper execution of the present agreement or 16) any other cause that is beyond reasonable control escapes seller's control.

Unforeseeability. If, due to circumstances beyond the control of the seller, the latter can no longer fulfill his obligations or if the performance of these obligations has become more expensive or difficult, the customer and the seller undertake to act in good faith and in a loyal manner within within a reasonable period of time to renegotiate the contractual terms in order to restore balance. In the absence of agreement within a reasonable period, each party will have the right to terminate the agreement and the contractual relationships binding the parties without being liable for any compensation of any kind.

Termination of the agreement. In the event of insolvency of the customer or in the event of unpaid debts, even if these arise from previous agreements between the customer and the seller, the seller is entitled to suspend the performance of his obligations until the day of full payment by the customer of all outstanding debts.

In the event of non-performance of its obligations by the customer, the seller can immediately terminate the agreement at the expense of the customer, without being liable for any compensation. This termination of the agreement may, where appropriate, give rise to the payment of damages and interest by the customer to the seller.

Titles. The titles used in these terms and conditions are used for reference and convenience only. They in no way influence the meaning or scope of the provisions they indicate.

Applicable law and competent courts. These general terms and conditions are subject to Belgian law.

In the event of a dispute regarding the validity, interpretation, execution or delivery of the goods, the parties agree to initiate a mediation procedure before resorting to any other means of dispute resolution.

Once a mediator has been appointed, the parties determine the modalities of the mediation together with the mediator.

Either party may terminate the mediation procedure at any time, without prejudice to any other rights.

If the mediation procedure fails, the courts of the following judicial district have jurisdiction: Leuven.

- GENERAL CONDITIONS OF USE OF THE WEBSITE: “ www.mrlunettes.be " -

Version dated 08/07/2021

Definitions and scope

The “W ebsite ” is the website available at the following web address: “www.mrlunettes.be”.

The Website is controlled and managed by Blue Penguin, VOF with registered office at Basilieklaan 46, 3270 Scherpenheuvel, which can be contacted on the number: 0477352420; and the e-mail address: info@mrlunettes.be (hereinafter referred to as " the Provider ").

The term " User " refers to any user, natural or legal person, whether or not registered on the Website, who visits the Website or its contents, downloads files, uses them, registers via a form available on the Website, member subscribes or enters into an agreement with the Provider.

The Provider and the User are hereinafter referred to as the “ Parties ”.

By surfing the Website, by reading documents, by downloading files, consulting them and/or using them in any way, by registering via a form available on the Website, by becoming a member, by registering By subscribing or concluding an agreement with the Provider, the User formally, unconditionally and without any reservations, agrees to these general terms and conditions and undertakes to comply with them.

These general terms and conditions apply to every consultation of information, every order, every subscription and every agreement concluded between the Parties.

Furthermore, these general terms and conditions exclude and replace all other general terms and conditions.

The Provider reserves the right to change these general terms and conditions at any time, without prior notice. These changes apply immediately to all use of the Website.

The additional rules and codes of conduct are deemed to form an integral part of the underlying general terms and conditions. The User is therefore advised to regularly obtain the latest version of these general terms and conditions, always available at the following address: www.mrlunettes.be/algemenegebruiksvoorwaarden.

Access to and use of the Website and its contents

The Website can be consulted by computers on which the most current software is installed (browser, operating system, etc.). The Provider does not guarantee compatibility in any way and cannot be held responsible in any way if the User cannot consult and/or use the Website, regardless of the cause.

It is therefore up to the User to provide himself with the necessary technological and human resources to guarantee his connection with the Website.

With regard to the user's access to the Website or its contents, the user is expressly prohibited, in any way and by any technical means, from:

◦attempt to access parts of the Website that are not made public;
◦take actions in any way that could prevent the proper functioning of the Website at any time;
◦use an (automatic) system such as, without this list being exhaustive, “robots”, “spiders”, “offline readers”, etc., for the purpose of: (1) creating "denial-of-service" attacks (in particular, but not limited to, the DoS network, DoS applications, the DDoS network, including the DrDOS or the DDoS applications); (2) create messages that may influence the questions and requests, the answers and the participations in competitions, the votes, or any interaction with another user of the Website, even if that user responds to a request formulated by the Website ( for example participating in a competition);
◦Display, download, transmit, via email or in any other way illegal, threatening, harmful, harassing, abusive, defamatory, vulgar, obscene, threatening to the privacy of others, hateful, racist or otherwise objectionable content way to transfer;
◦access, display, download, send or transmit any content in violation of applicable international law;
◦attempt to confuse other users by using the name or company name of other persons;
◦download, display, transmit or transmit by email or in any other way any violent content, patents, registered trademarks, trade secrets, intellectual property rights or other proprietary rights belonging to another;
◦display, download, transmit by e-mail or in any other way content that contains computer viruses or any other code, as well as files or programs that aim to interrupt, impede, delete or delete the proper functioning limit the functionality of any software, computer, function, server, network or telecommunications tool, without considering this list to be exhaustive;
◦take any action that may have an adverse effect on the ability of other users to access the Website;
◦to refuse to comply with the required conditions, procedures, general rules or regulatory provisions applicable to the networks connected to the Website;
◦in any way threaten one or more other users of the Website or its content to collect and store personal data of the other users.

The User undertakes to take all necessary and reasonably responsible precautions to prevent his material or data from being infected by a virus, bug, Trojan horse or any other malware of any kind.

In order to access or use certain parts of the Website, the user will be required to register or become a member. Where appropriate, the User undertakes to provide correct, current and complete information when registering, as well as to update this information regularly. If he does not do this, the Provider will be entitled to delete the User's account or deny him access to part or all of the Website or its contents.

Where appropriate, the User undertakes to keep his login and password secret and not to share them with third parties. The User is solely responsible for the confidentiality of his password and for any use that may occur without his knowledge. If the User has doubts about the confidentiality of his password, it is up to the User to change it immediately or to inform the Provider in writing as soon as possible.

The User accepts that the functions offered by the Website are subject to change. Thus, some functions will be removed and others added, without the User being able to consider access to a particular function as an acquired right. Also, only the Provider can decide whether or not to keep or delete certain content displayed on the Website.

The Provider reserves the right, at any time and for whatever reason, to temporarily or permanently modify or interrupt access to part or all of the Website without prior notice to users. have to set.

The same applies in the event of maintenance of the Website or when important changes are made to the contents and/or the functions offered.

This also applies if the Provider can assume that the user has violated or acted contrary to the present general terms and conditions or any other legal provision in force at the time of the infringement.

License

The User only obtains the right to use the Website and its contents in a personal capacity. The User thus has a personal user license for the Website and its content, which is non-transferable and limited exclusively to personal use. The validity of this license is limited to the period during which the User has access to the Website.

Any commercial use of the Website is strictly prohibited. The term “ commercial use ” refers, without this list being exhaustive, to any sale or rental of the various functions of the Website, the registrations of part or all of the website, or any use of the Website and its parts with for the sole purpose of generating income.

The User, who cannot give permission to third parties to do this, is, among other things, strictly prohibited from:

◦modify, reproduce, copy, print or distribute part or all of the Website or its contents;
◦create derivative works based in part or entirely on portions of the Website;
◦ attempt to discover the concept or composition of the Website through reverse engineering or any other method;
◦create a hyperlink to or from the Website without the prior and explicit permission of the Provider;
◦sublicense or transfer in any way the rights relating to the Website and/or its contents, including but not limited to the rights relating to the software.

Intellectual and industrial property

The concept, the content, the layout, the structure, the source codes, the programming, the images, the photos, the information, the informative parts, the logos, the drawings, the brands, the models, the slogans, the software , the animations, the audiovisual works, the texts, the data, the database, the music and all other parts of the Website are and remain the exclusive property of the Provider, and are protected by various intellectual or industrial property rights (including copyright, trademark law, the sui generis right of the creator of databases, etc.). The aforementioned is acknowledged and accepted by the User.

By surfing the Website or consulting the Website, by registering, becoming a member, downloading files, or using the content of the Website in any way whatsoever, the User is not wise holder of the above-mentioned rights or similar rights.

The Provider guarantees that the components present on the Website and made available to the User respect the rights of third parties and are not illegal in any way.

Storing any information and/or part of the Website in an (electronic) database is not permitted, with the exception of the information that is automatically stored by the browser.

By placing certain information, texts, images and/or other elements online, the User automatically and free of charge gives the Provider exclusive permission to reproduce these elements, communicate them and/or use them in another way, both on the Website itself and in one or more magazines or products published by the Provider.

Liability

Liability of the User

The consultation and use of the Website, as well as the downloading of files, of whatever nature and in whatever manner, from the Website and its contents, is always under the responsibility of the User, including liability towards third parties.

Every User is personally liable for his registration and/or membership, as well as for any misuse or damage that may result from this.

The Provider cannot be held responsible for the improper use of the registration or membership, login and/or password.

The User also accepts to be liable for the content that he publishes on the Website or through the website, towards third parties and, in particular, towards the persons represented.

The Website may contain links to other websites over which the Provider has no control as to the technical plan and content. The User remains solely liable for the decision to activate these links. The Provider can therefore in no way guarantee that the content, access and availability of this other website will be correct and complete. The same applies to the external links to which these websites refer and the consequences that could arise from consulting and/or using these websites in any way. It is therefore up to the User to decide for himself whether or not he considers it appropriate to visit these websites.

If the User places a message of any kind, or any other information, data and/or advice on the Website, the User undertakes to only use information (images, photos) that represents the intellectual and/or does not violate the industrial property rights of third parties (copyright, image rights, etc.), nor does it conflict with applicable standards and good morals, or with any other legal provision. To this end, the User expressly indemnifies the Provider against any complaint or demand that may be made by a third party on the basis of information that the User has placed on the Website.

Liability of the Provider

The Provider is obliged to an obligation of means. The Provider will in no way be responsible for potential direct or indirect damage to which the User exposes himself through his use of the Website, affiliated websites and/or the content made available to him.

The Provider makes every effort to ensure that the data and documents that form part of the Website are complete, correct and up-to-date. Errors and/or gaps and/or outdated data cannot be excluded, with the result that the Provider cannot offer any guarantees in this regard.

The Provider is only liable for his fraud or serious error. He is not liable/responsible for the deceit or serious errors of his employees, appointees and, in general, his executive agents.

The Provider does its utmost to ensure that the Website remains accessible to a certain number of Users at all times, but cannot be held liable for direct or indirect damage associated with a change, suspension or interruption of access to the Website. for whatever reason.

The Provider is also not liable for the contacts and relationships between users of the Website.

The Provider is also not liable for the compatibility of the files that form part of or appear on the Website with the User's hardware, nor for access to these elements.

The User will reimburse the Provider in one of the following cases:

◦the loss of an opportunity or of income of any kind for reasons of (dis)functionality, the use or non-use of the Website, or of the content on the Website;
◦illegal or unauthorized access to the server or the Website of the Provider;
◦applying a computer virus to the server or the Website;
◦temporary interruption of bandwidth;
◦Interruption of the Internet connection due to a cause beyond the Provider's control.

The User acknowledges and accepts:

◦the limitations and risks associated with the use of the Internet or any other means through which the Website will be made available now or in the future;
◦the risks of storing and transmitting information by electronic or numerical means;
◦that the Provider cannot be held responsible for damage resulting from the use of the Website (as well as part or all of its contents), or the Internet, as a result of the aforementioned risks;
◦that the electronic communications exchanged by the User and the backups thereof created by the Provider can be used as evidence.

Although the Provider will do its utmost to ensure that the Website is free from bugs, viruses, Trojan Horses and spyware, these cannot be excluded.

The Provider cannot be held liable for any damage and/or losses that may result, in particular with regard to personal data. The User is therefore advised to install firewalls, antiviruses and other necessary protection software in order to prevent any damage to his computer, as well as to be vigilant when communicating personal information.

With regard to messages originating from third parties, the Provider cannot be held liable in any way for any damage resulting from them, nor for any errors regarding their content. All text, data, photos, videos, messages or other information contained in these messages are the sole responsibility of the person who posted them.

The advertising displayed on the Website is always the responsibility of third parties. Under no circumstances can the Provider be held liable for the legal validity, accuracy, offer, content, proper functioning and/or quality of these goods and/or services offered in the context of this advertisement.

Miscellaneous provisions

Force majeur

The Provider cannot be held liable, either contractually or extra-contractually, in the event of temporary or permanent inability to fulfill its obligations if this non-compliance is the result of force majeure or chance.

Are in particular considered to be cases of force majeure or chance: (1) the partial or complete loss or destruction of the Provider's IT system or its data base if this event cannot reasonably be attributed to the Provider and if it is not proven that the Provider has failed to act to take the necessary precautions to prevent this event; (2) earthquakes; (3) fire; (4) flooding; (5) epidemics; (6) acts of war or terrorism; (7) strikes, whether or not declared; (8) lockouts; (9) blocks; (10) insurrections and riots; (11) failure to provide utilities (such as electricity); (12) a malfunction of the Internet or data storage system; (13) a telecommunications network failure; (14) the loss of connection to the Internet or the telecommunications network on which the provider depends; (15) a decision or action by a third party if this decision hinders the proper execution of the agreement; (16) any other cause beyond the reasonable control of the Provider.

If, for reasons beyond the control of the Provider, the latter can no longer perform its obligations or if these become difficult or expensive, the Provider and the User undertake to comply in good faith and in a loyal manner with the contractual conditions of this to renegotiate the agreement within a reasonable period, in order to safeguard the balance between the Parties. In the absence of agreement within a reasonable period, each Party has the right to request the dissolution of the agreement without the Parties owing each other any compensation or compensation of any kind.

Nullity

The possible invalidity or nullity of an article, paragraph or provision (or part of an article, paragraph or provision) cannot in any way affect the legality of the other articles, paragraphs and provisions of this agreement, nor the rest of the article in question. , paragraph or provision, unless the text expressly provides otherwise.

If part of these general terms and conditions is to be considered completely null and void, the Provider will replace it with a provision that comes as close as possible to the economic effect intended by the declared null and void provision.

Titles

The titles used in these general terms and conditions are merely used as a frame of reference and for ease of use. These do not in any way influence the meaning or scope of the provisions referred to by these titles.

Totality and integrality of the agreement

These general terms and conditions, as well as any agreement (including the subscription agreement), if applicable, represent the totality and integrality of the agreement concluded between the Parties.

No statement, representation, promise or condition not contained in these general terms and conditions may contradict, alter or affect in any way the provisions hereof.

These general terms and conditions, as well as any agreement (including the subscription agreement), if applicable, also replace any previous agreements concluded between the Parties and also apply to all new agreements that will yet be concluded.

Applicable law and competent jurisdiction

This agreement is subject to Belgian law.

In the event of a dispute regarding the validity, interpretation, performance or termination of the agreement, the parties agree to initiate a mediation procedure before resorting to any other means of dispute resolution.

Once a mediator has been appointed, the parties determine the modalities of the mediation together with the mediator.

Either party may terminate the mediation procedure at any time, without prejudice to any other rights.

If the mediation procedure fails, the courts of the following judicial district have jurisdiction: Leuve