TERMS OF SALES

Definitions and scope

The general conditions of sale of products, hereinafter referred to as " general conditions "Are applicable to all orders placed with Marc Krins, domiciled at Rue des Ecoles 42, at 6990 Hotton, hereinafter referred to as" seller ".

These general conditions form the contract between the seller and the customer. The seller and the customer are hereinafter commonly referred to as " the parts ".

The " customer »Is any natural or legal person who orders products from the seller.

The " consumer »Is the client, a natural person, who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity.

The present general conditions are only applicable. In any event, they exclude the general or specific conditions of the customer that the seller has not expressly accepted in writing.

The general conditions are freely accessible at any time on the seller's website: “https://universanimalier.com”, so that by ordering from him, the customer declares to have read these general conditions and confirms his acceptance of the rights and obligations relating thereto.

The seller reserves the right to modify these general conditions at at any time and without prior notification, subject to posting such changes on its website. These changes will apply to all subsequent orders for product (s).

Offer and order

To place an order, the customer chooses the product (s) he wishes to order by surfing the seller's website, indicates the contact details requested of him, verifies the accuracy of the order, and then pays for his order. .

After receiving confirmation of payment for the order from the banking organization, the seller sends the customer a summary of his order, including the number of his order, the products ordered as well as their price, these general conditions or a link to these, as well as an indication of the probable execution time of the order.

The seller reserves the right to suspend, cancel or refuse a customer's order, in particular in the event that the data communicated by the customer prove to be manifestly erroneous or incomplete or when there is a dispute relating to the payment. from a previous order.

In the event of cancellation of the order by the customer after its acceptance by the seller, for any reason whatsoever, except in the case of force majeure, a sum equivalent to 30% of the price of the order will be acquired by the seller and invoiced to the customer. , as damages.

Price

The price of the products is indicated in euros, all taxes included.

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

Any delivery costs are not included in the price indicated, but are calculated separately, during the ordering process, according to the method and place of delivery as well as the number of products ordered.

Deadlines

Unless otherwise expressly accepted in writing by the seller, the delivery times mentioned in the special conditions are not binding times. The seller can only be held liable if the delay is significant and if it is attributable to him because of his gross negligence.

The customer may not invoke the delivery times to request the termination of the contract, claim damages or assert any other claim, unless otherwise stipulated in writing and expressly accepted by the seller.

In the event of a delay exceeding the period of thirty working days, the customer must send a formal notice by registered letter to the seller, who will then be able to benefit from 50% of the prescribed time to deliver the product (s) ordered.

Retention of title

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

The right of ownership of the products is transferred to the customer only after the withdrawal or delivery of the articles and after full payment of the order. Notwithstanding article 1583 of the Civil Code, the items sold, delivered or installed remain the exclusive property of the seller until full payment of the invoice. As long as payment of the sale price has not been made, the customer is prohibited from pledging the articles, offering them, or even using them as security in any way whatsoever. The customer is expressly forbidden to make changes to these articles, to make them real property by incorporation or by destination, to sell them or to dispose of them in any way whatsoever.

As long as the seller has the property rights over the delivered goods, in accordance with the provisions of this article, the customer will remain responsible for maintaining these products in good condition. During this period, only the customer can be held responsible for the loss or possible damage of the products. If necessary, the customer undertakes to insure the products against any risk. The customer also undertakes to store the products in such a way that they cannot be confused with other products and that they can at all times be recognized as being the property of the seller.

Right to retract

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 to date, for the products, from the day of delivery of the products or of notification of their availability at the planned pick-up point, to notify the seller that he is giving up the purchase, without penalties and without giving any reasons.

When this period expires on a Saturday, Sunday or public holiday, it is extended to the next working day.

The consumer can notify his wish to renounce the purchase, by means of the withdrawal form posted on the seller's website, by means of the form sent with the order form or available on the website of the SPF Economy, PME, Middle class and Energy: economie.fgov.be, or by a declaration without any ambiguity setting out its decision to withdraw from the contract.

The consumer must return the product (s) to the purchase of which (which) he / she has given up in perfect condition in its / their original packaging.

Only the direct costs of return will be the sole responsibility of the consumer.

The seller will return the amount paid as soon as possible and at the latest within 14 days from the return of the products.

The consumer who opens or uses a product before the expiry of the withdrawal period is deemed to have waived his right of withdrawal relating to this product.

Likewise, the consumer will not be able to exercise the right of withdrawal if he finds himself in the case of one of the other exceptions referred to in article 53 of book VI of the Code of Economic Law, in particular in the case of the supply of goods made to the consumer's specifications or clearly personalized.

Order termination

The customer who does not meet the conditions to benefit from the right of withdrawal described in the previous article of these conditions and who wishes to terminate his order informs the seller who will indicate the steps to follow.

Any deposit paid by the customer to the seller will not be refunded. If no deposit has been paid, the seller will be likely to claim from the customer a termination indemnity equivalent to 30 % of the price of the products for which the order has been canceled by the customer.

Order delivery

The delivery times indicated by the seller are only indicative and do not bind the seller. A delay in the delivery of the order can therefore in no case give rise to any compensation, termination of the contract, suspension of the customer's obligations, or the payment of damages.

The order is only delivered to the customer after full payment. The transfer of ownership and the burden of risk takes place when the order is fully paid. The customer is therefore advised that he alone bears the cost of the risks associated with the delivery.

Availability

The products offered for sale by the seller are within the limits of available stocks.

In case of unavailability of one or more product (s) after payment of the order, the seller undertakes to inform the customer as soon as possible and to give him the choice between a refund, a modification of his order. or a postponed delivery at the end of the stock shortage of the product (s) concerned.

Receipt of the order and complaint

The customer is required to check the apparent good condition as well as the conformity of the products delivered to him or that he collects at the planned collection point with the products he has ordered.

Any complaints must be made in writing, within 8 days of delivery of the order or notification of its availability at the planned collection point. Otherwise, they cannot be taken into account and the customer will be deemed to have definitively received the order.

If a complaint is found to be justified, the seller / service provider will have the choice between replacing or refunding the price of the products concerned.

Orders on request and personalized items

• Items produced on request and / or personalized will not be returned or exchanged.
• Most of our manufacturers are artisans and need time to make your creations. The deadlines given as an indication are therefore not guaranteed.
• For any order on request and / or personalized, a deposit of 50% of the price + shipping costs is requested for the production. The balance is to be paid upon receipt of the item by us and before dispatch.

Intellectual property

The information, logos, designs, brands, models, slogans, graphic charters, etc., accessible through the seller's website or catalog are protected by intellectual property law.

Unless expressly and previously agreed otherwise, the customer is not authorized to modify, reproduce, rent, borrow, sell, distribute or create derivative works based in whole or in part on the elements present on the seller's website or catalog. .

Unless expressly waived, the agreed price therefore does not include any transfer of intellectual and / or industrial property rights for any reason whatsoever.

Guarantees

• Legal guarantee for all customers

In accordance with articles 1641 to 1643 of the Civil Code, the seller is required to guarantee the products against hidden defects which render the products unfit for the use for which they are intended, or which reduce this use so much that the customer would not have acquired them. or would have given a lower price if he had known them.

In the event of a finding of a hidden defect, the customer must act promptly, in accordance with article 1648 of the Civil Code, and will have the choice between returning the product affected by a hidden defect against a full refund, or keep against partial refund.

The seller is not required to guarantee the products against apparent defects, which the customer may or should have noticed at the time of purchase. Likewise, the seller is only required to guarantee the products against hidden defects of which he was aware at the time of the sale, and of which he refrained from warning the customer.

Only the invoice, the sales receipt or the purchase order are valid as guarantee certificates for the customer vis-à-vis the seller. These documents must be kept by the customer and presented in their original version.

• Additional legal guarantee for customers having the status of consumers

In accordance with article 1649quarter of the Civil Code, the customer who has the quality of consumer also has a legal guarantee of two years for all the lack of conformity which existed during the delivery of the product and which appeared within two years from this one.

This warranty includes the repair or replacement of the defective product at no cost to the consumer.

If, however, this repair or replacement proves impossible, disproportionate for the seller or would cause serious inconvenience to the consumer, an appropriate reduction or refund may be offered to the consumer. The seller and the customer may agree to a refund only upon delivery of the defective products by the latter.

In the event that spare parts or specific accessories necessary for the repair of the product are no longer available from the manufacturer, the seller cannot be held responsible for the loss of the possibilities of using the product.

The consumer is required to inform the seller of the existence of the lack of conformity, in writing, within a maximum period of two months from the day he noticed the defect, under penalty of forfeiture of his right to complain.

Only the invoice, the sales receipt or the purchase order are valid as guarantee certificates for the consumer vis-à-vis the seller. These documents must be kept by the consumer and presented in their original version. The warranty period starts on the date mentioned on these documents.

This warranty does not apply in the event that the failure results from incorrect use, external causes, poor maintenance, normal wear or any use that does not comply with the manufacturer's instructions. or the seller.

In the event of damage, theft or loss of a product delivered for repair, the seller's liability will in any event be limited to the selling price of the product. The seller can in no way be held responsible for the loss or reproduction of data stored in or by electronic devices handed over for repair.

Responsibility

General. The customer acknowledges and accepts that all the obligations owed by the seller are exclusively of means and that he is only responsible for his fraud and gross negligence.

In the event that the customer demonstrates the existence of gross negligence or willful misconduct on the part of the seller, the damage for which the customer can claim repair includes only the material damage resulting directly from the fault attributed to the seller to the exclusion any other damage and may not, in any event, exceed 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 responsible for any direct or indirect damage caused by the products delivered, such as in particular loss of profit, increase in overheads, loss of customers, etc.

The seller is also not responsible in the event of erroneous data communication by the customer, or in the event of an order placed in his name by a third person.

Finally, it is up to the customer to find out about any restrictions or customs duties imposed by his country on the products ordered. The seller cannot therefore be held responsible if the customer has to face any restriction or additional tax to pay due to the policy adopted by his country in this matter.

Materials. If the customer imposes on the seller a process or materials of a specific quality, origin or type, and this despite the written and reasoned reservations of the seller, the latter is released from all liability for defects originating in the choice of said process or said materials.

Internet and new technologies

The customer acknowledges the restrictions and risks associated with the use of the internet or any other means by which the website is currently or will be made available in the future. The customer also recognizes the risks of storage and transmission of information by digital or electronic means.

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

The customer also accepts that the electronic communications exchanged and the backups made by the seller can serve as proof.

Miscellaneous

Force majeure or fortuitous event. The seller cannot be held responsible, both contractually and extra-contractual, in the event of non-performance, temporary or definitive, of its obligations when this non-performance results from a case of force majeure or fortuitous.

The following events will be considered in particular as force majeure or fortuitous events: 1) the loss or total or partial destruction of the seller's computer system or its database when one or other of these events cannot not reasonably be attributed directly to the seller and it has not been demonstrated that the seller failed to take reasonable steps to prevent any of these events, 2) earthquakes, 3) fires, 4) floods, 5) epidemics, 6) acts of war or terrorism, 7) strikes, whether declared or not, 8) lockouts, 9) blockades, 10) insurgencies and riots, 11) an interruption in the supply of energy (such as electricity), 12) a failure of the Internet network or of the data storage system, 13) a failure of the telecommunications network, 14) a loss of connectivity to the Internet network or to the telecommunications network on which the seller depends, 15) a fact or a decision of a third party when this decision affects the proper performance of this contract or 16) any other cause beyond the reasonable control of the seller.

Lack of foresight. If, due to circumstances beyond the control of the seller, the performance of its obligations cannot be continued or is simply made more onerous or difficult, the seller and the customer undertake to negotiate in good faith and fairness an adaptation of the contractual conditions within a reasonable period of time in order to restore balance. In the absence of agreement within a reasonable time, each of the parties may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind whatsoever.

Termination of the contract. In the event of the customer's insolvency or in the event of unpaid debts, even under previous contracts between the customer and the seller, the latter is entitled to suspend the performance of his obligations until the customer has fully reimbursed the amount. any unpaid debt owed to the seller.

In the event of non-performance of its obligations by the customer, the seller may terminate the contract at the exclusive fault of the customer without delay or compensation and, if applicable, may claim from him by any legal means the payment of damages.

Illegality. The possible illegality or nullity of an article, a paragraph or a provision (or part of an article, a paragraph or a provision) can not affect in any way the legality of the other articles, paragraphs or provisions of these terms and conditions, nor the rest of this article, paragraph or provision, unless an intention to the contrary is evident in the text.

Securities. Headings used in these terms and conditions are for reference and convenience only. They in no way affect the meaning or scope of the provisions they designate.

No waiver. The inertia, negligence or delay by a party to exercise a right or a remedy under these general conditions can in no way be interpreted as a waiver of this right or remedy.

Applicable Law and Jursdiction

These general conditions are subject to Belgian law.

In the event of a dispute relating to the validity,'interpretation, at the'execution or breach of these general conditions, the parties'undertake to resort to mediation prior to any other method of conflict resolution. 

The parties therefore appoint a mediator approved by the Federal Mediation Commission (Bd Simon Bolivar, 30 (WTC III) in 1000 Brussels - https://www.cfm-fbc.be/fr) by mutual agreement or entrust a third party with this designation.

Once the mediator has been appointed, the parties define among themselves, with the'assistance from the mediator, the modalities of'organization of the mediation and the duration of the process.

Either party can terminate mediation at any time, without prejudice to it.

In case of'failure of mediation, only the courts of the'judicial district of Luxembourg will be competent.

GENERAL CONDITIONS OF USE OF THE WEBSITE: “https://universanimalier.com“

02/07/2020 version

Definitions & Application

The " Website "Is the website available at the following address:"https://universanimalier.com".

The website is administered and managed by Marc Krins, located Rue des Ecoles 42 who can be contacted at +32 84 46 60 67 and at the email address: contact@universanimalier.com, registered to the ECB under number: BE 0691 225 166, (hereinafter referred to as " the provider ").

The term " user »Refers to any user, that is any natural or legal person, registered or not on the Website, and who consults the Website or its content, who downloads files, uses them, registers via any form available on the Website Web, becomes a member, subscribes or contracts with the provider.

The service provider and the user are hereinafter referred to as " the parts ".

By surfing the Website, reading documents, downloading files, viewing them and / or using them in any way, registering through any form available on the Website, becoming a member, by subscribing to or contracting with the service provider, the user formally marks, without conditions and without any reservation, his agreement to these general conditions and undertakes to respect them.

These conditions are applicable to any consultation of information, order, subscription, and contract binding the parties. In addition, these general conditions exclude all other general conditions and replace them.

The service provider reserves the right to modify these general conditions at any time, without prior notification. These changes will apply immediately to all use of the website.

Additional rules and guidelines will be deemed to form an integral part of these terms and conditions. The user is therefore advised to regularly refer to the latest version of these conditions, permanently available at the following address: https://universanimalier.com/conditions.

Access & use of the Website and its content 

The Website can be accessed by computers on which current software is installed (browser, operating system, etc.). The service provider does not guarantee any compatibility and can in no way be held responsible if the user cannot consult and / or use all or part of the Website or its content, for whatever reason.

Consequently, it is up to the user to acquire the IT resources, and possibly human resources, necessary to ensure connectivity with the Website.

As part of the user's access to the Website or its content, it is expressly forbidden, in any way and whatever the technical means used, to:

• attempt to gain access to parts of the website which are not publicly placed online;
• perform any act which, at any time, could compromise the proper functioning of the Website, in any way;
• use any (automatic) system whatsoever, such as, without this list being exhaustive, “robots”, “spiders”, “offline readers”, etc., with the aim of creating: (1) denial attacks service (in particular, but not limited to, network DoS, application Dos, network DDoS, including DrDOS, or even application DDoS); (2) messages making it possible to influence questions and requests, answers and participation in contests, votes, or even on any interaction with another user of the Website, even when the user reacts to a request made on the Website (eg entry in a competition);
• display, upload, send, transmit by email or in any other way any content that is illegal, harmful, threatening, constituting harassment, abusive, defamatory, vulgar, obscene, threatening to the privacy of others, hateful, racist , or otherwise objectionable;
• consult, display, download, send, transmit, any content that would be contrary to the international laws in force;
• attempt to mislead other users by spoofing the name or corporate name of other people;
• download, display, send, transmit by e-mail or in any other way any violent content, any patent, registered trademark, trade secret, intellectual property right or any other property right belonging to others;
• download, display, transmit by email or in any other way any content including computer viruses or any other code, file or program designed to interrupt, destroy, hinder, disrupt, or limit the functionality of any software, computer, service, server, network or telecommunication tool without this enumeration being exhaustive;
• commit any action having a disruptive effect that hinders the ability of other users to access the Website;
• refuse to comply with the required conditions, procedures, general rules or regulatory provisions applicable to networks connected to the Website;
• harass in any way one or more other users of the Website or its content;
• collect and store personal data relating to other users.

The user undertakes to take all reasonable and necessary precautions to prevent his equipment or data from being attacked by viruses, bugs, Trojans, or any other malicious computer program of any kind. is.

In order to access or use certain parts of the Website, the user may need to register or become a member. In this case, when registering, the user undertakes to provide exact, up-to-date and complete data, and to ensure that it is regularly updated. Otherwise, the service provider will be entitled to suspend or terminate the user's account, or to deny him access to all or part of the Website or its content.

Where applicable, the user undertakes to keep his login and password secret and not to share them with third parties. The user remains solely responsible for the confidentiality of his password and for any use that may occur without his knowledge. In the event of any doubt as to the confidential nature of the password, it is up to the user to modify it immediately or to notify the service provider as soon as possible in writing.

The user accepts that the functionalities offered through the Website are liable to change. Thus, some will be deleted and others added, without the user being able to consider that access to a particular functionality constitutes an acquired right. Likewise, the service provider will alone decide whether to include or remove any content presented on the Website.

The service provider reserves the right, at any time and for any reason whatsoever, to modify or interrupt temporarily or permanently all or part of access to the Website without having to inform users in advance.

This will be the case, for example, in the event of maintenance of the Website or of significant modification of the content and / or functions offered.

This will also be the case in the event that the service provider can legitimately believe that the user has violated, or acted in contradiction with, these general conditions or any other legal prescription in force at the time of the violation.

Licence

The user only receives the right to consult the Website and its content in a personal capacity. As such, the user benefits from a personal license to use the Website and its content, which is non-transferable, non-transferable, and exclusively limited to use for personal purposes. The duration of the user license is limited to the duration of the user's access to the Website.

Any commercial use of the Website is strictly prohibited. The term " commercial use ”Refers, without this enumeration being exhaustive, to any sale or rental of the various features of the Website, recordings of all or part of the content available on the Website, or any use of the Website and its components with the sole purpose of generating income.

It is also strictly forbidden for the user, who cannot otherwise grant permission to others, to:

• modify, reproduce, copy, borrow, distribute all or part of the Website or its content;
• create derivative works based in whole or in part on the elements present on the Website;
• reverse the design or assembly or in any other way attempt to find the source code of all or part of the Website;
• create a hypertext link to or from the Website, without the prior and express consent of the service provider;
• sublicense or otherwise transfer any right in the Website and / or its content, including but not limited to any rights in the software.

Intellectual & industrial property

The concept, content, layout, structure, source codes, programming, images, photos, information, information elements, logos, designs, brands, models, slogans, the software, animations, audiovisual works, texts, data, database, music and all other elements of the Website and, in general, the content and structure of the Website, belong, are and remain the exclusive property of the service provider, and are protected by various intellectual and / or industrial property rights (including copyright, trademark law, the sui generis right of the database producer, etc. ), which the user recognizes and accepts.

By surfing or consulting the Website, registering, becoming a member, downloading files, or using the content of the website in any way, the user does not in any way become the owner. any of the rights referred to above or assimilated rights.

The service provider guarantees that the elements present on the Website and made available to the user on the sole responsibility of the service provider respect the rights of third parties, and in general are not illegal.

The storage of any information and / or element of the Website in an (electronic) database is not authorized, with the exception of the automatic capture of information by the browser.

By placing certain data, texts, images and / or any other element online, the user automatically gives the service provider free exclusive authorization to reproduce these elements, to communicate them and / or to use them otherwise, both on the Site. Web only in one or more magazines or products published by the service provider.

Responsibilities

Responsibility of the user

The consultation and use of the website, as well as the downloading of files, of any nature whatsoever and with any technical means whatsoever, of the Website and its content, always take place under the responsibility of the user. , including vis-à-vis third parties.

Each user is himself responsible for his registration and / or his affiliation, as well as any abuse or damage that may result from it. The service provider cannot be held responsible for any improper use of registration or affiliation, login and / or password whatsoever.

The user also agrees to be responsible, vis-à-vis any person, and more particularly the persons represented, in any way whatsoever, for any content that he publishes either on the Website or by the intermediary of the Website.

The Website may contain links to other websites over which the service provider has no technical or content control. The user remains solely responsible for the decision to activate these links. The service provider therefore does not guarantee in any way the exact and complete nature of the content, access and availability of these other websites, the external links to which they refer, nor the consequences that may result from the consultation and / or the use, in any way, of these sites. It is therefore up to the user to determine for himself whether it is appropriate to visit these sites.

If the user places a message, of any nature whatsoever, or any other form of information, data and / or opinion on the Website, the latter undertakes to use exclusively information (images , photos) which do not conflict with the intellectual and / or industrial rights of third parties (copyright, image rights, etc.), nor with standards and good morals, nor with any legal provision. As such, the user expressly guarantees the service provider against any complaint or action brought by third parties based on the content that he has placed on the Website.

Responsibility of the service provider

The service provider is bound by an obligation of means. The service provider will in no way be held responsible for any direct or indirect damage that the user incurs during his use of the Website, the sites linked to it, and / or the content made available to him.

The provider makes its best efforts to ensure that the data and documents which form part of the Website are complete, accurate and up-to-date. Faults and / or gaps and / or outdated data can never be excluded and, therefore, the provider does not give any guarantee in this regard.

Likewise, the service provider is only liable for his fraud or gross negligence. It is not responsible for the fraud or gross negligence of its employees, principals and generally its enforcement agents.

The service provider makes its best efforts to ensure that the Website remains accessible, at all times, for a normal number of users, but cannot be held responsible for any direct or indirect damage linked to a modification, suspension or interruption of access to the Website, for any reason whatsoever.

The service provider is also not responsible for contacts and relationships between users of the Website.

The service provider also does not guarantee the compatibility of the files which form part of, or which appear on the Website, with the user's equipment, nor the accessibility to these elements.

The user will also hold the provider harmless from any claim, in one of the following cases:

• loss of opportunities or income of any kind due to the operation or non-operation, or the use or lack of use of the Website, or the content therein or in front of find there;
• illegal or unauthorized intrusion by any third party into the provider's web server or website;
• introduction of a computer virus into the web server or the Website;
• temporary congestion of the bandwidth;
• interruption of the internet connection service for a cause beyond the control of the service provider.

The user recognizes and accepts: 

• the restrictions and risks associated with the use of the internet or any other means by which the Website is currently or will be made available in the future;
• the risks of storage and transmission of information by electronic or digital means;
• the fact that the service provider cannot be held responsible for any damage caused by the use of the Website (as well as all or part of its content) or the Internet, following the aforementioned risks;
• the fact that the electronic communications exchanged and the backups made by the service provider can serve as proof.

Although the provider makes its best efforts to keep the Website free from bugs, viruses, trojan horse and spyware, these cannot be excluded. The service provider can in no way be held responsible for any damage and / or loss resulting therefrom, in particular with regard to user data. Users are therefore strongly advised to install the necessary firewalls, anti-virus and other protection software, in order to prevent possible damage to their computers, and to be careful about communicating personal data.

With regard to messages from third parties, the service provider can in no way be held responsible for any damage that may result therefrom, nor for any errors in their content. All texts, data, photos, videos, messages or other material placed in these messages fall under the exclusive responsibility of the person who posted them.

The advertisements which are inserted on the Website are always the task of third parties. The service provider can in no way be held responsible for the legality, accuracy, offer, content, proper functioning and / or quality of the goods and / or services offered within the framework of these advertisements.

Miscellaneous

Force majeure

The service provider cannot be held responsible, both contractually and extra-contractual, in the event of non-performance, temporary or definitive, of its obligations when this non-performance results from a case of force majeure or fortuitous.

In particular, the following events will be considered as force majeure or fortuitous events: (1) the loss or total or partial destruction of the service provider's computer system or its database when one or other of these events does not cannot reasonably be directly attributed to it and it has not been demonstrated that the provider failed to take reasonable measures to prevent any of these events; (2) earthquakes; (3) fires; (4) flooding; (5) epidemics; (6) acts of war or terrorism; (7) strikes, whether declared or not; (8) lockouts; (9) blockades; (10) insurgencies and riots; (11) an interruption of the supply of energy (such as electricity); (12) a failure of the Internet network or of the data storage system; (13) failure of the telecommunications network; (14) a loss of connectivity to the Internet network or to the telecommunications network on which the service provider depends; (15) a fact or a decision of a third party when this decision affects the proper performance of this contract; or (16) any other cause beyond the reasonable control of the provider.

If, due to circumstances beyond the control of the service provider, the performance of its obligations cannot be continued or is simply made more expensive or difficult, the service provider and the user undertake to negotiate in good faith and fairness an adaptation contractual conditions within a reasonable period of time in order to restore balance. In the absence of agreement within a reasonable time, each of the parties may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind whatsoever.

Illegality

The possible illegality or nullity of an article, a paragraph or a provision (or part of an article, a paragraph or a provision) can not affect in any way the legality of the other articles, paragraphs or provisions of these terms and conditions, nor the remainder of this article, paragraph or provision, unless an intention to the contrary is evident in the text.

If any part of these general conditions is considered to be completely invalid, the service provider will replace it with a provision which will come as close as possible to the economic effect of the provision declared invalid.

Securities

Headings used in these terms and conditions are for reference and convenience only. They in no way affect the meaning or scope of the provisions they designate.

Entire Agreement

These general conditions as well as any contract (including a subscription contract), when applicable, represent the whole and the entirety of the agreement reached between the parties.

No declaration, representation, promise or condition not contained in these general conditions can and should not be admitted to contradict, modify or affect in any way the terms of these.

In addition, these general conditions as well as any contract (including a subscription contract), when applicable, supersede any agreement that may have been entered into previously between the parties and apply to any new agreement.

Applicable Law and Jursdiction

This agreement is subject to Belgian law.

In the event of a dispute relating to the validity,'interpretation, at the'execution or termination of this agreement, the parties'undertake to resort to mediation prior to any other method of conflict resolution. 

The parties therefore appoint a mediator approved by the Federal Mediation Commission (Bd Simon Bolivar, 30 (WTC III) in 1000 Brussels - https://www.cfm-fbc.be/fr) by mutual agreement or entrust a third party with this designation.

Once the mediator has been appointed, the parties define among themselves, with the'assistance from the mediator, the modalities of'organization of the mediation and the duration of the process.

Either party can terminate mediation at any time, without prejudice to it.

In case of'failure of mediation, only the courts of the'judicial district of Luxembourg will be competent.