General terms and conditions of sale
I. Definitions & Application
These General Terms and Conditions of Use are applicable to any use of the www.latouretpetit.be website (hereinafter the “Website“).
The website is administered and managed by S.A. L&P Immo, located at 29, Boulevard Grande Duchesse Charlotte, L-1331 Luxembourg, and registered with the BCE under number: LU 24771730, (hereinafter referred to as “the provider”).
The term “user” refers to any individual or legal entity, whether or not registered on the Website, who is accessing the Website or its content, downloading files, using them, registering via any form available on the Website, becoming a member, subscribing or entering into a contract with the Service Provider.
The Service Provider and the User are hereinafter referred to as “the parties“.
By browsing the Website, reading documents, downloading files, viewing and/or using them in any way, registering via any form available on the Website, becoming a member, subscribing or entering into a contract with the Service Provider, the user formally, unconditionally and without any reservation, accepts these general terms and conditions and undertakes to respect them.
These conditions are applicable to all information requests, orders, subscriptions and contracts between the parties. In addition, these general terms and conditions exclude and supersede any other general terms and conditions.
The Service Provider reserves the right to change these general terms and conditions at any time without prior notice. These changes will apply immediately to all use of the website.
The additional rules and guidelines will be deemed to form part of these general terms and conditions. The user is therefore advised to regularly refer to the latest version of these conditions, which are available at all times at the following address: www.latouretpetit.be.
II. Access & use of the Website and its content
The Website can be accessed by computers on which up-to-date software is installed (browser, operating system, etc.). The Service Provider does not guarantee any compatibility and cannot be held liable if the user is unable, for whatever reason, to access and/or use all or part of the Website or its content.
Consequently, it is up to the user to have the necessary computer and if necessary human resources to ensure connectivity with the Website.
- In the context of the user’s access to the Website or its content, the user is expressly prohibited, in any way whatsoever and whatever the technical means used, to:
attempt to gain access to parts of the website that are not publicly available online;
- do anything that may, at any time, interfere with the proper functioning of the Website in any way;
- use any (automatic) system, such as, but not limited to, bots, spiders, off-line readers, etc., in order to create: (i) denial of service attacks (including, but not limited to, network DoS, application DoS, network DDoS, including DrDOS, or application DDoS); (ii) messages that influence questions and requests, responses and entries to contests, voting, or any interaction with another user of the Website, even when the user is responding to a request made on the Website (e.g., participation in a contest);
- post, upload, email or transmit any content that is unlawful, harmful, threatening, harassing, abusive, defamatory, vulgar, obscene, threatening to the privacy of others, hateful, racist, or reprehensible;
- consult, post, download, send or transmit any content that is in breach of applicable international laws;
- attempt to mislead other users by impersonating the name or company name of others;
- upload, post, email or transmit any infringing content, patent, trademark, trade secret, intellectual property right or other proprietary right belonging to others;
- upload, post, e-mail or transmit any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy, interfere with, disrupt or limit the functionality of any computer software, computer service, server, network or telecommunications equipment;
- commit any action that has a disruptive effect on the ability of other users to access the Website;
- refuse to comply with any requirements, procedures, general rules or regulations applicable to the 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 about other users.
The user undertakes to take all reasonable and necessary precautions to prevent its equipment or data from being affected by viruses, bugs, Trojan horses, or any other malicious computer programs of any kind.
In order to access or use certain parts of the Website, the user may be required to register or become a member. In this case, when registering, the user undertakes to provide accurate, up-to-date and complete data and to ensure that it is regularly updated. Otherwise, the Service Provider has the right to suspend or terminate the User’s account or refuse the User’s 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 case of doubt about the confidentiality of the password, it is up to the user to change it immediately or to notify the Service Provider in writing as soon as possible.
The user accepts that the functionalities offered through the Website may change. Thus, some will be removed and others added, without the user being able to consider that access to a particular feature is a vested right. Similarly, the Service Provider shall have sole discretion 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 the Website’s access without having to inform the users in advance.
This will be the case, for example, in the event of maintenance of the Website or significant changes to the content and/or functionality offered.
This will also apply if the Service Provider has reason to believe that the User has violated or is in breach of these General Terms and Conditions or any other legal provisions in force at the time of the breach.
The user is allowed to consult the Website and its contents only for personal use. As such, the user is granted a personal, non-assignable, non-transferable licence to use the Website and its content, limited exclusively to personal use. The duration of the user licence 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 to, but is not limited 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 for the sole purpose of generating revenue.
It is also strictly forbidden for the user, who may not 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 Website’s material;
- everse engineer or assembly or attempt to discover the source code of any part of the Website;
- create a hypertext link to or from the Website without the prior and express consent of the Service Provider;
- sub-license or transfer in any manner whatsoever any rights in the Website and/or its contents, including but not limited to any rights in the software.
IV. Intellectual property &
The concept, content, layout, structure, source codes, programming, images, photos, information, data elements, logos, drawings, trademarks, models, slogans, software, animations, audiovisual works, texts, data, databases, music and all other elements of the Website and, in a general way, the content as well as the structure of the Website, belong to, 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 producer of the database, etc.), which the user acknowledges and accepts.
By browsing or accessing the Website, registering, becoming a member, downloading the files, or using the content of the Website in any way, the user does not become the owner of any of the rights referred to above or of the related rights.
The Service Provider guarantees that the elements present on the Website and made available to the user by the Service Provider alone respect the rights of third parties and in general are not illicit.
The storage of any information and/or elements of the Website in an (electronic) database is not allowed, with the exception of the automatic retrieval of information by the browser.
By placing certain data, texts, images and/or any other elements online, the user automatically grants the Service Provider exclusive permission to reproduce these elements, to communicate them and/or to use them in any other way, both on the Website and in one or more magazines or products published by the Service Provider.
A. Responsibility of the user
The access and use of the website, as well as the downloading of files, of any kind and with any technical means, from the website and its contents, are always under the user’s responsibility, including with regard to third parties.
Each user is responsible for his own registration and/or membership, as well as for any abuse or damage resulting from it. The Service Provider cannot be held liable for any misuse of the registration or membership, login and/or password.
The user also agrees to be liable to any person, and in particular to the persons represented, in any way for any content that the user publishes either on the Website or through the Website.
The Website may contain links to other websites over which the Service Provider has no technical or content control. The user is solely responsible for the decision to activate these links.
Therefore, the Service Provider does not guarantee the accuracy and completeness of the content, access and availability of these other websites, the external links to which they refer, or the consequences that may result from accessing and/or using these websites in any way whatsoever. It is therefore up to the user to decide whether to visit these sites.
If the user places a message of any kind or any other form of information, data and/or opinion on the Website, the user undertakes to use only information (images, photos) that does not infringe on the intellectual and/or industrial rights of third parties (copyright, image rights, etc.), nor on standards and morality, nor on any legal provision. In this respect, 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.
B. Liability of the Service Provider
The Service Provider is bound by an obligation of means. The Service Provider will not be held liable for any direct or indirect damage that the user may incur when using the Website, the sites linked to it, and/or the content made available to it.
The Service Provider will use its best efforts to ensure that the data and documents that form part of the Website are complete, accurate and up-to-date. Errors and/or omissions and/or outdated data can never be excluded and therefore the Service Provider does not give any guarantee in this respect.
Similarly, the Service Provider is only liable for fraud or gross negligence. It is not liable for the fraud or gross negligence of its employees, principals and, as a general rule, its agents.
The Service Provider shall use its best efforts to ensure that the Website remains accessible at all times for a normal number of users, but shall not be liable for any direct or indirect damage arising from any 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.
Furthermore, the Service Provider does not guarantee the compatibility of the files that are part of, or appear on the Website with the user’s equipment, nor the accessibility of these elements.
The user will also not hold the service provider liable for any claim in any of the following cases:
- loss of opportunity or revenue of any kind arising out of the operation or non-operation, or use or non-use, of the Website, or the content thereon or to be found thereon;
- illegal or unauthorised access by any third party to the web server or the Service Provider’s Website;
- introduction of a computer virus into the web server or the Website;
- temporary bandwidth congestion;
- interruption of the internet connection service due to a cause beyond the control of the Service Provider.
The user acknowledges and accepts:
- the restrictions and risks associated with the use of the internet or any other means by which the Website is currently or in the future made available;
- the risks of storing and transmitting information electronically or digitally;
- that the Service Provider cannot be held liable for any damage caused by the use of the Website (as well as all or part of its content) or the Internet, as a result of the aforementioned risks;
- that the electronic communications exchanged and the backups carried out by the Service Provider can be used as evidence.
Although the Service Provider makes every effort to keep the Website free of bugs, viruses, Trojan horses and spyware, these cannot be excluded. The Service Provider cannot be held liable for any damage and/or loss that may result, particularly with regard to user data. Users are therefore strongly advised to install the necessary firewalls, anti-virus software and other protective software to prevent damage to their computers and to be careful when communicating personal data.
With regard to messages from third parties, the Service Provider cannot be held liable in any way for any damage resulting from them, nor for any errors in their content. All text, data, photos, videos, messages or other materials contained in these messages are the sole responsibility of the person who posted them.
The advertisements that are placed on the Website are always made by third parties. The Service Provider cannot be held liable for the legality, accuracy, offer, content, functionality and/or quality of the goods and/or services offered in these advertisements.
A. Protection of personal data
As some features of the Website require the prior communication of personal data, the Service Provider undertakes to process and protect personal data in a fair and transparent manner in accordance with the law.
B. Force majeure
The Service Provider cannot be held liable, either contractually or extra-contractually, in the event of temporary or permanent non-performance of its obligations when this non-performance is the result of force majeure or unforeseen circumstances.
In particular, the following events will be considered as force majeure or fortuitous events: (1) total or partial loss or destruction of the Service Provider’s computer system or database where any of these events cannot reasonably be attributed directly to the Service Provider and it is not established that the Service Provider failed to take reasonable measures 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) insurrections and riots; (11) a breakdown in the supply of energy (such as electricity); (12) a failure of the Internet or data storage system; (13) a failure of the telecommunications network; (14) a loss of connectivity to the Internet or telecommunications network on which the Service Provider is dependent; (15) an act or decision of a third party where such decision affects the proper performance of this Agreement; or (16) any other event beyond the reasonable control of the Service Provider.
If, due to circumstances beyond the Service Provider’s control, the performance of its obligations cannot be continued or is simply made more onerous or difficult, the Service Provider and the User undertake to negotiate in good faith an amendment to the contractual terms and conditions within a reasonable period of time in order to restore the balance. If no agreement is reached within a reasonable period of time, either party may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind.
The illegality or invalidity of any article, paragraph or provision (or part of an article, paragraph or provision) will not affect in any way the legality of the other articles, paragraphs or provisions of these general terms and conditions, nor the remainder of that article, paragraph or provision, unless a clear intention to the contrary is apparent from the text.
If any part of these General Terms and Conditions is found to be invalid in its entirety, the Service Provider will replace it with a provision that comes as close as possible to the economic effect of the provision declared invalid.
The headings used in these general terms and conditions are for reference and convenience only. They do not affect the meaning or scope of the provisions they refer to.
E. Entire Agreement
These general terms and conditions and any contract represent the whole and entire agreement between the parties.
No statement, representation, promise or condition not contained in these terms and conditions can or will be deemed to contradict, modify or affect in any way the terms of these terms and conditions.
In addition, these general terms and conditions and any contract will supersede any previous agreement between the parties and will apply to any new agreement.
F. Applicable law and jurisdiction
This agreement is subject to Belgian law.
In the event of a dispute relating to the validity, interpretation, performance or termination of this agreement, the parties will use their best efforts to find an amicable solution. In the absence of an amicable solution, the courts of the judicial district of Brussels will have jurisdiction.
This version of the General Terms and Conditions of Use comes into force and has been updated on 18/02/2019.