1. Who are we?
The website www.mistralhome.com and the associated webshop https://shop.mistralhome.com/nl/webshop (hereinafter collectively: the "Websites") are an initiative of:
Mistral Home nv
VAT BE 0449.881.149
M.H. - Retail bvba
VAT BE 0823.841.883
Telephone: +32 (0)9 381 60 19
The above companies are collectively referred to as "MISTRAL HOME" and "We" for the remainder of this Disclaimer.Please feel free to contact us if you have any further questions or comments; we promise a prompt reply!
The use of our Websites must always be done in accordance with the rights and obligations clearly stated on the Websites and the rights and obligations stipulated in the Disclaimer, the Conditions of Sale and the Privacy Statement. The whole of these texts are our General Terms and Conditions.
These General Terms and Conditions apply both to us, MISTRAL HOME, and to you, the user. As soon as you use our Websites you expressly acknowledge and accept that our General Terms and Conditions are applicable and that the application of your own General Terms and Conditions is fully waived.
We may deviate from the General Terms and Conditions in exceptional cases, provided these deviations are recorded in writing and accepted by all parties. These deviations shall only replace or supplement the clauses to which they relate and shall not affect the application of other provisions of the General Terms and Conditions.
2. Our websites
2.1 Good operation, safety and accessibility
You can rest assured, we provide user-friendly Websites that are safe for every user. We therefore take all reasonable measures necessary to ensure the proper functioning, security and accessibility of our Websites. Nevertheless, we cannot give you absolute guarantees and one should consider our measures as a means commitment.
Any use of the Websites is always made at your own risk. This means that we bear no liability for damages resulting from breakdowns, interruptions, harmful elements or defects in the Websites, regardless of the existence of an extraneous cause or force majeure.
We have the right to restrict and/or interrupt access to our Websites in whole or in part at any time, without prior warning. In principle, we only do so if circumstances warrant, but this is not an absolute condition.
2.2 Content on our Websites
The content of the Websites is largely determined by us, and we take the utmost care in creating this content. This means that we take the necessary measures to keep our Websites as complete, accurate and up-to-date as possible, even when content is provided by third parties. The content on our Websites may be changed, supplemented or removed at any time.
However, we cannot guarantee the quality of the information on our Websites. Information may not be complete, sufficiently accurate and/or useful. Consequently, we cannot be held liable for (direct and indirect) damage suffered by the user as a result of the information on our Websites.
In the event that certain content on our Websites constitutes a violation of applicable laws and/or a violation of the rights of third parties and/or is simply unacceptable, we ask you to notify us as soon as possible so that we can take the appropriate measures. For example, we may proceed with partial or total removal and/or modification of the content.
Our Websites contain content that can be downloaded. Any downloading from our Websites is always done at your own risk. We are not liable for this and damage resulting from a loss of data or damage to the computer system is the sole and exclusive responsibility of the user.
2.3 What we expect from you as a user
The user also bears a certain responsibility when using our Websites. The user must always refrain from actions that could have a harmful impact on the proper functioning and security of the Websites. For example, the Websites must not be used to circumvent our business model and/or to collect information from other users on a large scale.
Consequently, it is recommended not to use our Websites for the distribution of content that may cause harm to other users of the Websites, such as the distribution of harmful software such as computer viruses, malware, worms, trojans and cancelbots. This also includes the dissemination of unsolicited and/or commercial messages via the Websites, such as junk mail, spamming and chain letters.
We reserve the right to take all necessary actions that may produce recovery for us and for our users, both judicial and extrajudicial. The user is solely personally and entirely responsible if his actions and behaviour effectively cause damage to the Websites and the other users. In this case, he must indemnify MISTRAL HOME against any claim for damages that follows.
3. Links to other websites
The content of our Websites may contain a link, hyperlink or framed link to foreign websites or other forms of electronic portals. A link does not automatically mean that there is a link between us and the foreign website, nor that we (implicitly) agree with the content of these websites.
We do not control these foreign websites and are not responsible for the safe and correct operation of the link and its final destination. Once one clicks on the link, one leaves our website and cannot hold us liable for any damages.
Foreign websites may not offer the same guarantees as we do. We therefore recommend that you carefully read the General Terms and Conditions and the Privacy Statement of these websites.
4. Intellectual property
Creativity deserves protection, and so do our Websites and their content. The protection is provided by intellectual property rights and belongs to all entitled parties, being MISTRAL HOME and third parties. Content means the very broad category of photos, video, audio, text, ideas, notes, drawings, articles, et cetera. All this content is protected by copyright, software law, database law, design law and other applicable (intellectual) property rights. The technical nature of our Websites themselves is protected by copyright, software law and database law. Any trade name we use on our Websites is also protected by applicable trade name law or trademark law.
Each user is granted a limited right to access, use and display our Websites and their content. This granted right is non-exclusive, non-transferable and can only be used within a personal, non-commercial framework. We therefore ask our users not to use and/or modify the items protected by these rights without the consent of the rights holder. MISTRAL HOME attaches great importance to its intellectual property rights and has taken all possible measures for this purpose to ensure protection. Any infringement of existing intellectual property rights will be prosecuted.
5. Processing personal data
The information you provide is necessary for processing and completing orders, and preparing invoices and guarantee contracts. A minimum amount of data is required for each order. Further data may be requested as a function of personalising the order. If the minimum details are missing, the order will inevitably be cancelled. The provision of incorrect or false personal data, is considered a breach of the present General Terms and Conditions. The Buyer's personal data will only be processed in accordance with the current Privacy Statement to be consulted on our Websites.
6. General provisions of the General Terms and Conditions
We reserve the freedom to modify, expand, limit or discontinue our Websites and the associated services at any time. This may be done without prior notice to the user nor shall it give rise to any form of compensation.
These General Terms and Conditions (including the Conditions of Sale) shall be exclusively governed and interpreted in accordance with Belgian Law. All disputes related to or arising from offers of MISTRAL HOME, or agreements concluded with it, shall be submitted to the competent court in the judicial district of GHENT.
If the operation or validity of one or more of the above provisions of these General Terms and Conditions is affected, this will not affect the validity of the remaining provisions of this agreement. In such case, we shall be entitled to amend the provision in question into a valid provision of similar purport.
© 2017 deJuristen ICT Law & Intellectual Property (http://www.ictrecht.be). The information provided (general terms and conditions, privacy statement, cookie statement and disclaimer) is subject to copyright by operation of law, so the information may not be reproduced or communicated without the prior and written consent of deJuristen (email@example.com). All applicable intellectual property rights are therefore retained.