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Disclaimer

DISCLAIMER - MISTRAL HOME

1. Who we are

The website www.mistralhome.com and the associated web shop https://shop.mistralhome.com/en/webshop (hereafter: the “Websites”) are offered by:

Mistral Home nv

Karreweg 15

9810 Nazareth

BTW BE 0449.881.149

And

M.H. – Retail bvba

Karreweg 15

9810 Nazareth

BTW BE 0823.841.883.

E-mail: info@mistralhome.com

Telefoon: +32 (0)9 381 60 19

The above companies are jointly referred to in this Disclaimer as “MISTRAL HOME” and “We”.

Feel free to contact us should you have further questions or remarks. We promise to reply soon!

The use of our Websites always goes hand in hand with some rights and obligations. These are clearly defined in the present Disclaimer, in our Terms of Sale and in our Privacy Policy (together, the “Terms and Conditions”).

The Terms and Conditions apply both to us, MISTRAL HOME, as to you, the user. By using our website, you expressly acknowledge and accept the exclusive application of our Terms and Conditions and you expressly renounce your right to invoke your own terms and conditions.

We may deviate from these Terms and Conditions in some exceptional situations, but only to the extent that the deviations are accepted by each party and stated explicitly in writing. These deviations only replace or supplement the clauses to which they relate. They shall not affect the application of any other provisions of these Terms and Conditions.

2. Our Websites

2.1 Proper functioning, safety and accessibility

You can rest assured; we offer user-friendly Websites that are safe for every user. We take all reasonable and necessary measures to ensure the proper functioning, safety and accessibility of our Websites. Yet we cannot give you an absolute guarantee on this matter. We are bound by an obligation of means only.

Any use of the Websites is entirely at your own risk. We are not liable for damages resulting from malfunctions, interruptions, defects, harmful elements or other problems on or within our website, regardless of the existence of force majeure or other extraneous events.

We have the right to restrict and/or interrupt fully or partially the access to our Websites, at any time and without prior warning. We will only take such measures if this is justified by the circumstances, without this being in any way a condition to be covered.

2.2 Content on our Websites

We largely determine which content is available on our Websites. We apply great care in this respect and make every effort to provide high quality information. We therefore take all necessary steps to keep our Websites as complete, accurate and current as possible, even when the information is provided by third parties. We are always permitted to change, add or delete the content on our Website.

Despite our considerable attention, we are not able to guarantee the quality of the information available on our Websites. It is possible that the information is not correct, not sufficiently accurate and/or not useful. We are not liable for (direct and indirect) damages which the user may suffer as a result of the information on our Websites.

We ask you to notify us as soon as possible if you notice the content on our Websites violates applicable laws and/or third party rights or is simply not acceptable. We will then take all the appropriate measures, which can include the partial or total removal of the information.

Our Websites contain content that can be downloaded. You understand and agree that every download from our Websites is at your own risk and that damages resulting from loss of data or damage to the computer system are your entire and sole responsibility.

2.3 What we expect from you as a User

The user bears some responsibility for the way we offer our Websites. This means that you should refrain from acts that have a deleterious impact on the proper operation and security of the Websites or on its use. For example, the Websites cannot be used to circumvent our business model and/or to gather information from other users.

It is therefore forbidden to distribute content via our Websites that may damage other users of the Website. This includes the spread of malicious software, computer viruses, malware, worms, trojans and cancelbots. The proliferation of unsolicited and/or commercial messages via the Websites, such as junk mail, spam and chain letters, is also targeted.

We reserve the right to take all necessary (judicial and extrajudicial) actions that may offer appropriate remedies to the affected parties. The user is solely responsible for all actions exerted on the Websites that cause damages to the Websites and/or to other users. If this occurs, the user has the obligation to keep MISTRAL HOME harmless and indemnified from all claims that may arise.

3. Links to other websites

Our Websites may contain or provide hyperlinks or pointed to other websites and/or electronic communication portals maintained by third parties or may provide third party content on our Websites by framing or other methods. Such a reference being made on our Websites does not mean that there is any connection between our Websites and these third-party websites nor that we (implicitly) agree with the content of those sites.

We do not guarantee or assume any liability for the accuracy, legality, completeness or quality of the content of external websites linked to on our Websites or of other electronic communications portals that are not under our actual control. These references are therefore to click at your own risk and responsibility. We are not liable for any damage resulting therefrom.

These external websites do not offer the same guarantees as we do. We therefore recommend you to carefully read the terms and conditions and privacy statement of these other websites.

4. Intellectual Property Rights

Creativity deserves protection; so do our Websites and their content. Such protection is provided by intellectual property rights and is entitled to all parties, i.e. MISTRAL HOME and third parties. Content means the very broad category of photos, video, audio, text, ideas, notes, drawings, articles, et cetera. This content is protected by copyright, software rights, database rights, designs and models rights, and other applicable (intellectual property) rights. The technical nature of our Websites is protected by copyright and by the rights on software and databases. Each trade name that we use on our Websites is protected by trademark law.

Each user receives a limited right to access, use and display our Websites and its content. This right is granted in a non-exclusive and non-transferable manner and can only be used within a personal, non-commercial context. We ask our users not to create nor to bring changes to the intellectual property rights as described in this article without the consent of the owner. MISTRAL HOME attaches great importance to its intellectual property rights and has taken all possible measures to ensure its protection. We will take legal actions against any infringement of existing intellectual property rights.

5. Processing of personal data

The personal information you provide is necessary for a good service. Entering incorrect or false personal data is considered a violation of our Terms and Conditions. User’s personal data are exclusively processed in accordance with the applicable Privacy Policy which can be consulted via our Websites.

6. General provisions

We reserve the right to change, limit or discontinue our Websites and related services at any time and to any extent. We may do so without noticing the user. This does not give rise to any form of compensation.

These Terms and Conditions shall be exclusively governed by and interpreted in accordance with Belgian law. Any dispute arising under or relating to the services of MISTRAL HOME shall come under the jurisdiction of the competent court of the judicial district Gent.

If a provision of these Terms and Conditions is deemed invalid, the invalidity of such provision shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. We retain the right to propose a valid modification of the disputed clause(s).

© 2017 deJuristen IT law and Intellectual Property (http://www.ictrecht.be). The offered information (terms of sale, privacy statement, cookie statement and disclaimer) is protected under copyright legislation, which means that this information may not be reproduced or distributed without the previous and written permission of deJuristen (contact@dejuristen.be). deJuristen thus retains all relevant intellectual property rights.