1. Identity and contact details of INFRACO BVBA (hereinafter referred to as the "INFRACO”)
1.1. The website that can be accessed at www.maisonfrancois.be (hereinafter referred to as: the “Website”) is operated and owned by INFRACO BVBA, with enterprise number BE0662.593.835 and having its registered office at Popstaelstraat 99 – 8490 Varsenare (hereinafter also referred to as: “[●]”, “we” or “us”).
1.2. INFRACO information and data:
Legal form: BVBA (private company with limited liability)
Company name: INFRACO
Trade name: Maison Francois
Registered office: Popstaelstraat 99 – 8490 Varsenare
VAT number: BE0662.593.835
Telephone number: 0498 17 67 01
Hyperlink(s) Website: www.maisonfrancois.be
2. Applicability of these Terms and Conditions of Use
2.1. These Terms and Conditions of Use shall exclusively apply to the use of the Website. The current terms and conditions do not in any way whatsoever cover the usage policies in effect at other service providers that you may make use of on or via the Website.
2.2. You are required to explicitly, fully and irrevocably agree to (the application of) these Terms and Conditions of Use by clicking on the OK button before you can use (the services linked to) the Website in any manner whatsoever. The text of these terms and conditions of use can be viewed at any time under ‘Terms and Conditions of Use – Disclaimer’ on the Website.
2.3. Any nullity or inapplicability of one or more provisions in these terms and conditions of use shall not result in the nullity of the whole of these terms and conditions.
2.4. The INFRACO maintains the right to change these terms and conditions of use at all times. Changes shall be announced on the Website and/or via electronic means. Continued use of the Website shall be considered as acceptance of the new terms and conditions. These Terms and Conditions of Use were last amended on date.
2.5. These terms and conditions of use remain applicable without prejudice to any application of imperative legal provisions to protect consumers (specifically the relevant provisions in the Belgian Code of Economic Law (CEL)).
3. Terms and Conditions of Use
3.1. Information and content on the Website
3.1.1. The INFRACO shall endeavour to ensure that the information on the Website, i.e. the totality of the data and information in the widest sense of the term, including photos, video files, texts, etc., is correct, complete, and up-to-date. Despite our efforts, inaccuracies could occur, for which the INFRACO does not accept any liability whatsoever.
3.1.2. The INFRACO cannot rule out the occurrence of any disruptions, interruptions, or technical errors that could restrict or impede access to the Website.
3.1.3. The information on the Website is general in nature and indicative, is not adapted to personal or specific circumstances, cannot be considered in any way to be personal advice or a contractual obligation (to produce a certain result), and cannot give rise to any damage compensation claims or to the termination of the contract with the INFRACO. The information on the Website is available in the condition in which it is viewed without any guarantees being made in this regard. The use of the Website and the information on the Website is therefore solely at the user’s own risk and responsibility. You acknowledge and accept that the INFRACO’s obligations concerning the operation and the content of the Website merely constitute obligations to perform at the best of its abilities.
3.1.4. You may use the Website only for legitimate purposes.
The information you provide:
i. must be complete, correct, concrete, and reasonably relevant;
ii. may not be defamatory, injurious, hurtful, threatening, racist, obscene, terroristic, pornographic, harmful for minors, inciting hate, discrimination, or violence, or be in any way contradictory with public order, public decency, or the law;
iii. may not contain any viruses or other malware that could create technical errors or unauthorised interventions on the Website or that could be harmful in any manner whatsoever to the INFRACO’s system and/or for your (personal) data or that of other users of the Website;
iv. may not damage the good reputation of the INFRACO and/or her partners;
v. may not contain hyperlinks to other websites;
vi. may not conflict with the applicable (Belgian and European) legislation, including but not limited to the Belgian Privacy Act – and as from 25 May 2018, the EU Regulation 2016/679 (GDPR), which shall replace the Privacy Act – and the Belgian Market Practices Law (especially Book VI of the Belgian Code of Economic Law);
vii. may not violate the rights of third parties, including but not limited to intellectual property rights (such as copyrights and related rights, patent rights, brand rights, model rights, domain names, database rights, software rights, trade names, and know-how).
You must indemnify the INFRACO against any claims of principal sums, interest, and (legal) fees in this regard.
3.2. Your obligations
3.2.1. You must have a sound, stable internet connection and operable hardware and software that is suited for the Website (and its services). You must also have sufficiently adequate and updated antivirus, antispyware, and firewall protection on your systems.
3.2.2. In case the INFRACO’s systems, those of its appointees, subcontractors, external suppliers or service providers, and/or of its other users should suffer damage due to the exchange of computer viruses or other harmful files, you are only fully and unrestrictedly liable vis-à-vis the INFRACO and you shall fully and unrestrictedly indemnify the INFRACO against any claims of principal sums, interests, and (legal) fees made by third parties (including the INFRACO’s appointees, subcontractors, external suppliers or service providers, and users) who could suffer damage due to this.
3.3.2. The INFRACO also has the right to change or have changed, to refuse, or to remove information placed on the Website by you unilaterally and without prior notice if this information conflicts with the current terms and conditions of use, the applicable legislation, and/or third-party rights, without prejudice to the applicable privacy regulations.]
4. Processing of personal data
5.1. The INFRACO is not liable in any way whatsoever for:
- the quality, completeness, accuracy, suitability, availability, or form of the information on or generated by the Website or by other (external) websites or application to which the Website refers via (permitted) hyperlinks;
- any decisions made or actions taken by you based on the content or information on the Website;
- any disruptions, interruptions, technical errors, improper technical manoeuvres, unpermitted interventions (including hackers), viruses, etc. on the Website;
- (the functioning and/or availability of) software and/or applications belonging to third parties or the consequences thereof for downloading from and/or using the Website;
- indirect damage or consequential damage (including but not limited to lost time, lost opportunities, loss of profit, loss of income, emotional damage, etc.);
- cases of force majeure;
- a minor error occurring other than through intention or gross negligence that can be equated with intention.
5.2. The INFRACO cannot in any case singly or in solidum with third parties be held liable for remunerating any damages.
5.3. Additionally, nothing excludes the INFRACO’s liability for any slight error other than intentionally or a severe error that could be considered intentional. However, the liability of the INFRACO in respect of direct as well as indirect damage, shall in all cases be limited to the lowest of the following amounts: (i) the amount for which it is insured with a civil liability insurer with a maximum of € per claim, or (ii) the amount corresponding to the value of the services on which the complaint is based, subject to a maximum of € . This same limitation applies if the liability exclusion(s) contained in the present Article 5 were ever to be considered as invalid or unopposable by a court of law or arbitrator.
6. Intellectual property
6.1. The Website, parts thereof, and all information and/or contents on, associated with, and/or generated by the Website, including but not limited to all texts, images, logos, graphics, formulas, video files, sound files, HTML codes, software, databases, designs, or any other creation, content, or information on or related to the website, are the sole intellectual property of the INFRACO or its licensors and may only be reproduced or made public after express, written, prior permission has been obtained from the INFRACO or its licensors.
In other words, you are never permitted (even after termination of the contract with the INFRACO) to reproduce or publicise the Website (or parts thereof), including all information related to or generated by the Website and/or the content of the Website in any way whatsoever without the express, written, prior permission has been obtained from the INFRACO or its licensors.
6.2. No part of these Terms and Conditions of Use may be interpreted as constituting a transfer, or the grant of a licence to you either of, or in connection with, the intellectual property rights of the INFRACO.
6.3. You acknowledge and accept that the services provided on the Website may use specific open-source software or freeware under licences which could include provisions that take precedence over these conditions.
6.4. You acknowledge and accept that information or the content on the Website could be protected by the intellectual property rights of third parties. You state that you shall respect these rights and shall fully indemnify the INFRACO against any claims of principal sums, interests, and (legal) fees for any third-party intellectual property rights violations that you may have committed in this regard.
You may notify the INFRACO of complaints arising as a result of any use whatsoever of the Website or the application of the current Terms and Conditions of Use by e-mail at: firstname.lastname@example.org
8. Applicable law and competent courts
Any disputes on the interpretation or application of these terms and conditions of use or which may arise from any use of the Website is solely governed by Belgian law and is the exclusive jurisdiction of the courts of [●], unless the law compellingly prescribes the jurisdiction of another court.
9. Contact details of the INFRACO
For more information, comments, or complaints, the user can contact the INFRACO using the information below:
Address: Popstaelstraat 99 – 8490 Varsenare
E-mail address: email@example.com
Telephone number: 0498 17 67 01
Fax number: n.a.