General conditions of use

Preamble

These general conditions of use (hereinafter “CGU”) are concluded between any user (hereinafter referred https://orcaretail.com "(hereinafter" the site "), operated by Pennel & Flipo SA, a public limited company with Belgian law with € 1,000,000, registered with the Bank Carrefour des Entreprises under the number of a company 0885940788 and whose headquarters are located boulevard de l'EUROZONE, 102 to 7700 MOUSCRON, Belgium (hereinafter "Société").

The user and the site are designated together "the parties".

The website allows users to benefit from the features described in article 2.

Article 1 - General use of the site

• Scope

Each visit and each use of the site is subject to these Terms and involves unreserved acceptance by the User of the CGU.

The company reserves the right to modify the conditions set out on the site at any time, including its CGU. The applicable CGUs are therefore those in force on the site at the time of its use. It is therefore recommended to consult the T & Cs regularly.

The term "use" brings together all the operations carried out by the user from access to the site, including their simple consultation, whatever the access device (in particular computer, tablet and smartphone), the type of Connection (private connection, connection of a third party or public Wi-Fi) and the place of connection (from Belgium or abroad).

• Site access conditions and services

The site is reserved only for major users with the quality of particular or professional and using it at a normal frequency. In any event, the site encourages anyone with a minor to control the use of the site by the latter.

Access to certain services offered by the Site can be subject to the creation of an account requires communication, by the user, of information allowing its identification. The user undertakes to transmit exact and complete data on his identity and refrains from usurping the identity of any third party. Otherwise, the site reserves the right not to confirm, suspend or delete the account.

• Prohibited behaviors

By using the site and online services offered by the company and the partners, in particular the services that allow the user to place content on the Site, the User undertakes to give up the following actions:

• Ensure illegitimate processing of personal data from other site users or online services, appropriate the identity of a third party, publish or disseminate contact details and other personal information on a third party, by some means than this either ;
• Directory or publish directly or indirectly, detrimental, offensive, racist, incentive, revisionist, immoral, violating privacy;
• Directory or publish directly or indirectly information on his political, philosophical or religious opinions, his membership of a union, his health or his sexual orientation or any other personal information;
• Distribute or publish content or messages on behalf of third parties;
• Distribute content or messages that affect or can affect the interests of the company.

ARTICLE 2 - FUNCTIONS ONE SITE

2.1. Services offered by the Site

The site allows the user:

• to discover the articles and services offered by the company and its network;
• to make purchases according to the procedures provided for by general conditions of sale (also called "the GTC") of the site, which are supplemented;
• to contact the company;
• to register for the newsletter;
• to participate on an exchange forum for users.

The list of features is only provided as an indication. The site reserves the right to add or delete, temporarily or definitively, without the agreement of the user.

2.2 Site languages

The site can be consulted in French, English, Spanish, Italian, and German, as well as any contract concluded via the site can be in French or English.

Article 3 - Deposit of content on the site

3.1 In order to promote the interaction between users, the site offers them various services and modules allowing the deposit of content on the site. For the needs of the present, is defined as "content", any element deposited by the user on the Site, such as text, comment, image, photography, video, or any type of file whatever the content or the shape.

3.2 The user is responsible for anything that can happen on his behalf and from his computer terminal. The user undertakes to immediately prevent the site, in the event that he would have reason to believe that his nickname or email address is, or perhaps, known by an unauthorized person to use it. The site declines any responsibility in the event of the use of personal data from a user by an unauthorized third party.

3.3 The user can in no case communicate commercial information or proceed at any trade on the site, in any form whatsoever and in any capacity whatsoever.

Article 4 - Intellectual Property Rights

4.1 Content published on the Site by the Company

All the elements of this site belong to the publisher or a third party agent, or are used by the publisher on the site with the authorization of their owner. Any copy of the logos, textual, pictographic or videos content, without this list being limiting, is strictly prohibited and akin to counterfeit. Any member who would be guilty of counterfeiting would be likely to see his account deleted without notice or compensation and without this deletion being able to constitute damage, without reservation of possible legal proceedings under his contained, on the initiative of the publisher of this site or its agent.

Social names, marks and distinctive signs appearing on the site are protected by Belgian and international law. Anyone carrying out their representation, reproduction, overlapping, dissemination and replay, in whole or in part, faces the sanctions provided for by law, unless they have obtained express authorization for this purpose.

4.2 Contents published by the User

All the contents (in particular texts, comments, files, images, photos, videos, works, etc.), possibly subject to property rights, intellectual property, image rights or other private law remain the property of 'User, subject to the limited rights granted by the license defined below to the company, on a case-by-case basis, other specific conditions previously accepted for specific services potentially available on the site or partners. Users are free to publish or not such content on the site and accept that these contents become public and freely accessible in particular on the Internet. They recognize, commit and guarantee to have all the rights and authorizations necessary for such publication on the site, in particular under the legislation in force and rights to compliance with private, property, property intellectual, image, contracts or any other nature. By such a publication on the site, users are aware of engaging their responsibility as a publisher of the content within the meaning of the law, and grant the said content, for the entire duration of publication, to the Company, a license Non-exclusive, free, global, including reproductive, representation, loading, display, execution, transmission, storage, as well as subsidiary, in particular to its subsidiaries, technical partners and other users of the site.

Users also authorize that their name can be associated with the content and accept that this association is not always made. By their publication, users authorize that a content can become automatically accessible on the Internet, in particular on other sites and/or blogs and/or web pages of the network of the company including in particular the pages of social networks or users of sites that can share certain content. Users can ask the company to stop their publication.

Article 5 - Responsibility

5.1 Site responsibility and on the site

The consultation and use of the site is under the responsibility of the user. The site can host links to third -party sites. By clicking on these links, the user acknowledges that the company cannot guarantee their content, and therefore agrees to access it at their own risk. Consequently, the company and its network cannot be held responsible for damage that would result from the access and/or use of the site and the information it contains. The user is also informed that the company may have to temporarily interrupt access to the site for technical reasons, in particular for the reasons for his maintenance. The user accepts these interruptions and renounces any complaint on this subject. The use of the site by the user implies the knowledge and acceptance of the characteristics and limits of the technologies inherent in the Internet, in particular with regard to response times to consult or question the server hosting the site, technical performance, The risks of interruption and, more generally, any risk incurred during data transmission.

Consequently, the company and, more generally, its network cannot under any circumstance be held responsible, without this list being limiting, of:

• any information consulted on the site which would not be put online by the company;
• any network malfunction preventing the proper functioning of the site;
• loss of all data;
• Dysfunction of any software;
• consequences of any computer virus, bug (bug), anomaly or failure;
• Any damage to the user's computer.

5.1.2 The activity of the company on the forum of the site is limited to relating the users and to accommodate the content published by them. As a host, the company cannot see its responsibility engaged due to activities or content stored on the site. The site may therefore delete any illicit or obviously illegal content without prior warning or notice. Consequently, the company is not required to exercise a priori control over the quality, safety, veracity or lawfulness of the content deposited by users.

5.2 User responsibility

5.2.1 Using the Site, the User agrees to identify the responsibility of the Company and its network and guarantee it any damage, costs and costs, direct and indirect, arising from:

• Any complaint of a third party concerning any content filed on his behalf, in particular for the violation of law on the content published by the User on the Site or Press crimes in relation to the elements sent or published on the Site;
• Any publication of content on the site contrary to these general conditions, including for a fraudulent purpose;
• The violation of these Terms.

5.2.2 The company wishes to raise awareness of its users as to the publication of content, such as the shots or other photographs of the users.

The company draws the attention of its users to the need to publish or share photographs, images or videos that respect the good customs and values ​​of the company and its network. Any non -compliant content will be systematically removed from the site.

Article 6 - Management of the User Account

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 use and/or access to the Site, as soon as they can comply with the user of these general conditions of use or for technical reasons. This modification or deletion may be carried out without notice, without notification or prior warning, at any time and at the sole discretion of the company.

6.2 The user also has the possibility of deleting the content deposited on the site. To do this, he must make a request for withdrawal of content via the company's customer service. This request must imperatively be accompanied by the information allowing the identification of the said content: name, first name, address address used when filing the content, year of the deposit, content of the content.

Any request for modification or deletion made by the founded and legitimate user will be processed as soon as possible by the company. The user acknowledges that the company cannot engage any responsibility in this regard, in particular due to the time required to process their request, technical constraint or material impossibility of responding to them.

Article 7 - Complaints

Any complaint linked 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 policy for the protection of personal data must be Departed within 365 days of the day of origin of the source of complaint, independently of any law or rule of contrary law. In the event that such a complaint has not been filed within 365 days, such a complaint will be forever incapable in court.

Article 8 - Integrality

If one or more stipulations of the CGUs are declared null or deciduous by applying a law, a regulation or following a final judicial or administrative decision, the other stipulations will keep their strength and their scope.

The company will make its best efforts to make its replacement as soon as possible by a valid stipulation and of a closest scope to the minds of the present. The fact that one of the parties has not required the application of any clause of these conditions, in a permanent or temporary manner, can in no case be considered as a waiver of the said clause.

Article 9 - Competent law and jurisdiction

Any dispute arising from the interpretation and execution of the CGU stands out for the exclusive jurisdiction of Belgian courts and courts. Unless otherwise stated legal provisions, only the courts of the judicial districts of Hainaut are competent to read the disputes either between the user and the company.

Belgian law is exclusively applicable, except for foreign imperative.