1.1 – Purpose
The company Best Of Publishing SA operates on a platform accessible from the URL site: http://www.designaddict.com/ (hereinafter “the site”) which allows the linking of professionals or individuals (hereinafter the “Seller”) wishing to sell second-hand design moveable property (hereinafter “product”) with individuals or professionals wishing to acquire such Products (hereinafter “the Buyer”).
DESIGN ADDICT acts as an intermediary facilitating the sale and purchase of products between buyers and sellers (hereinafter “users”).
DESIGN ADDICT is neither seller nor buyer and has no control over the sales made by users on the site and can not engage its responsibility in this respect for any reason whatsoever.
Only the seller is responsible for the adverts offered on the site and the information they contain, the sale of the Products through the site and the treatment of any claims by the Purchasers. Only the Purchaser is responsible for its purchases made through the Site as well as all of its actions performed on it or through it.
1.2 – Operator of the site
The Site and Services are operated by Best Of Publishing S.A./NV, sis Rue Belvederestraat, 28. B-1050 Brussels. VAT: BE-0463 662 869.
(hereinafter: “DESIGN ADDICT”).
1.3 – Scope and acceptance of the general conditions of sale
These Terms and Conditions are intended to define the conditions of use of the Site by the User.
Any User declares, by registering on the site, to have read the General Conditions and to accept them expressly. This acceptance, indicated by a checkbox in the registration form, can only be full and valid for the duration of the contract. Any membership subject to reservation is considered null and void. If the User refuses to comply with any of the obligations and conditions contained in these Terms and Conditions, he must give up access to the Site and use it.
These Terms and Conditions form a contract between DESIGN ADDICT and the User. The User declares and guarantees to have the legal capacity to contract and, if he represents a company or any other body having legal personality, to be authorized to act in the name and on behalf of this company or this organization.
These Terms and Conditions constitute the entire agreement between the Parties and supersede any previous agreement or arrangement, whether oral or written, relating thereto. These General Conditions prevail, between DESIGN ADDICT and the User, on any other contractual or non-contractual document emanating from a Seller and / or a Buyer.
DESIGN ADDICT reserves the right to modify these Terms and Conditions at any time. Any change will take effect immediately upon the posting of the new version of the Terms and Conditions on the Site. The User therefore undertakes to regularly consult the General Terms and Conditions of the Site to find out about the changes made to it. The Customer may request the amended Terms and Conditions upon request. The User is free to unsubscribe from the Site if the modified General Conditions do not suit him. Otherwise, it will be deemed to accept without reserve the new version of the General Conditions.
The applicable General Conditions are those in force at the time of the Order.
At any time, the User has the opportunity to view and save the Terms and Conditions. Before the confirmation of the Order, he must accept them by clicking on the icon provided for this purpose.
Seller: refers to any user of the site, individual or professional, who offers for sale one or more product (s) on the site.
Buyer: means any user of the site, individual or professional, who buys one or more product (s) on the site.Product: means any item offered for sale by any Seller on the Site.
User: means any user browsing the Website in any capacity whatsoever (Seller, Buyer, professional or not, natural person acting in his own name or on behalf of a legal person, non-registered surfer on the site, etc.).
Announcement: means any offer to sell one or more Product (s) issued by any Seller on the Site.
Order: process of online purchase of a Product by any Buyer to a Seller on the Site.
Commission: refers to the amount received by DESIGN ADDICT for services rendered to its customers (in this case, the sale of a Product).
Contract: means these Terms and Conditions
Information: data and content posted by any User on the site
Condition of the Product: corresponds to the state of wear of the Product as indicated by the Seller
Weight and dimensions of the Product: corresponds to the data transmitted by the Seller during the posting of the advertisement. These data must be as accurate as possible so that the price of the delivery can be estimated as accurately as possible.
Delivery Offer by DESIGN ADDICT: Delivery service offered by DESIGN ADDICT
Product Price: Item Price plus commission and VAT included.
Price of the transaction: Total price to be paid by the Buyer, including the price of the Item and the possible delivery and any associated costs.
Seller’s confirmation period: 48h period granted to the seller to confirm or not the availability of the Product (once a purchase order has been made).
Period of reflection: the period during which the Buyer may make use of his right of withdrawal
Right of withdrawal: the possibility for the Buyer to waive the distance contract during the reflection period
THE OFFER: PRODUCTS AND SERVICES
3.1 Products offered for sale
Type of products
The Site offers Products , new or used, that include rare items, most of the time available in a single copy. These products can not be exchanged or replaced.
They are sold, new, in such state or restored, according to the indications provided for each Product on the descriptive card. The Buyer acknowledges and agrees that Used Products may contain traces, wear marks or defects. The sale of these old and second-hand Products implies, on the part of the Buyer, the acceptance and full knowledge of the wear of the Product, its age and fragility, which also make it its value and singularity.
Each ad includes a complete and accurate description of the products on offer. The description is detailed enough to make it possible for the buyer to make a correct evaluation of the ad. If the Seller makes use of the artwork, it must be a true representation of the products offered. DESIGN ADDICT can in no way be held responsible for any omissions, errors or mistakes contained in the descriptive announcement written by the Seller.
The products are offered for sale online within the limits of availability at the Seller. Most of the goods sold on the Site are unique pieces, DESIGN ADDICT can not guarantee their availability. The Buyer acknowledges and agrees that the Products can therefore not be available at the time of validation of the order, in which case the Buyer will be fully refunded his order. The responsibility of DESIGN ADDICT can not in any case be engaged, which the Buyer recognizes and accepts.
Price of products, taxes and delivery fees
The prices of the Products are set freely by the Seller. Prices are indicated in Euros, or in another clearly indicated currency, if applicable.
The Seller * can decide either:
– To sell and deliver his product alone.
– To use the secure online payment and delivery service offered by DESIGN ADDICT
In this case, the price of the delivery is communicated to the Buyer at the time of the validation of the basket. This price is calculated according to an algorithm based on the dimensions, origin and destination of each product.
Prices displayed are valid only on the day of the order and do not have effect for the future.
The price applicable to the Purchaser is that in force at the time of the order.
The amount paid by the Buyer corresponds to the Price of the Transaction and therefore includes:
The price of the product, all taxes included
Delivery if appropriate
After the confirmation of the purchase offer by the Seller, the Buyer’s account will be debited to the Transaction Price.
* It should be noted that sellers using the “SELLER” offer do not display their products under their own names and that the said products are automatically sold and delivered by Design Addict.
In case of delivery outside the European Union and Dom-Tom, the Buyer is informed that customs duties and other taxes may be due. The necessary formalities and the payment of these rights and taxes are not the responsibility of DESIGN ADDICT and will in any case be borne by the Buyer.
It is therefore the responsibility of the latter, prior to any order on the Site, to inquire about any formalities to be performed in this context, as well as the possibilities of importing the Product from the competent authorities of the country of delivery. The Buyer is solely responsible for the proper fulfillment of any statements and / or formalities relating thereto, which he acknowledges and accepts.
3.2 Products offered for sale: Seller’s obligations
The seller agrees to describe in the advertisement
The essential characteristics of the Product that it puts on sale (nature and functionalities of the Product, designer and producer, period, materials, prices, dimensions, the state of the Product, etc.). If the Product is inspired by the work of a known designer (without being an original piece), the Seller may refer to this designer only by indicating “in the style of …”. If the Seller sells a Product that has been re-issued, he undertakes to specify it in the Announcement and refrains from presenting the Product as an original piece.
Acceptance of Purchase Order
The Seller undertakes to confirm or cancel the availability of the Product within 48 hours, ie 2 days following the purchase order executed by the Buyer. Once the purchase order has been accepted, the Buyer will receive a confirmation e-mail of the sale. If the Seller fails to respond within 48 hours, the sale will not be concluded. The Buyer’s Order will be canceled and the Buyer will be fully refunded.
Regular update of your listing
As a SELLER, you are required to update the status of your items if they are sold outside of Design Addict.
If you have not updated your listing and one of your products is paid online by a customer we will refund it. However, you will receive an invoice from Design Addict for the amount of any transaction fees (credit card, PayPal). Design Addict cannot bear the costs of your negligence.
Questions to the seller about the Product
Any buyer has the opportunity to ask a question about the product he wants to receive certain details from the seller. These questions and answers will be published in comments in the product sheet so that any User can read them and that the same question is not asked several times to the Seller.
REGISTRATION ON THE SITE
Individuals or legal entities wishing to use the Services must register on the Site, under the conditions described below.
Buyers and sellers are required to register on the Site to benefit from all Services, which they acknowledge and accept. They concede being at least 18 years old or the age required in their country to sign a legal contract.
Any user has the option to register during his first visit to the Site.
In any case, a buyer must register at the latest at the time of validation of his order.
4.2 Registration procedure
4.2.1 To open an account, the Purchaser must:
Fill out the form provided for this purpose and fill in all the required information, including their surname, first name, email address, telephone number. They must provide all the information marked as mandatory.
Choose an identifier and a password, modifiable at any time. It is recommended to change your password regularly.
Check, on the registration form, the following boxes “I have read the General Conditions of Sale and I accept it without reservation”.
Buyers acknowledge and agree that in case of contradiction between the terms and conditions of the payment provider and these Terms and Conditions, the latter shall prevail.
Any incomplete registration will not be validated, which the Buyers recognize and accept.
DESIGN ADDICT reserves the right, at its discretion, and at any time after registration, to implement any verification process it deems useful, bearing the identity and / or contact details of the Purchasers.
The Buyer acknowledges and agrees that the registration to the Services automatically entails a subscription to the notifications emails alerts (message received, payment accepted, …) and recommendations of DESIGN ADDICT.
The registration of the Buyers automatically entails the opening of an account in their name (hereinafter: the “Account”), giving them access to a personal space (hereinafter: “Dashboard”) which allows them to manage their use of the Services, in a form and according to the technical means that DESIGN ADDICT deems most appropriate to render said Services.
Buyers guarantee that all information they provide in the registration form is accurate, up to date and truthful, and is not misleading.
They undertake to update this information without delay in their Dashboard in case of modifications, so that they always correspond to the aforementioned criteria.
Buyers are informed and agree that the information entered for the purposes of creating or updating their Account is proof of their identity. The information entered by the Purchasers commits them as soon as they are validated.
Buyers access their Dashboard at any time after identifying themselves with their login and password.
If the data contained in the user account were to disappear as a result of a fortuitous event, a technical breakdown or a case of force majeure, DESIGN ADDICT could not be held liable, which the Buyer acknowledges and accept.
DESIGN ADDICT however undertakes to keep securely all the contractual elements whose conservation is required by the law or regulations in force.
DESIGN ADDICT reserves the exclusive right to cancel the Account of any Buyer who has contravened these General Conditions (in particular but without this example being of any exhaustive nature, when the Purchaser knowingly provided erroneous information, during his / her registration and constitution of his / her Account or any account inactive for at least one year). Such cancellation will not be likely to constitute damage for the excluded Buyer who can not claim any compensation for this fact.
This exclusion is not exclusive of the possibility, for DESIGN ADDICT, to initiate legal proceedings against the Purchaser, when the facts will have justified it.
4.2.2 strictly personal use
The Buyer agrees to use the Services personally, and not to allow any third party to use them in his place or on his own behalf, including to another Buyer, except to bear full responsibility.
The Buyer is also responsible for maintaining the confidentiality of his username and password and expressly acknowledges that any use of the Services from his Account will be deemed to have been made by himself. When the Account is opened by a legal entity, the latter recognizes that its Account may be operated by one or more authorized persons, from its login credentials. In this case, the legal person undertakes to make them respect the strictest confidentiality of their connection data.
In the event that the Buyer finds that his Account has been used without his knowledge, he agrees to notify DESIGN ADDICT as soon as possible, to the coordinates mentioned in the article “Site Operator”. The Buyer acknowledges the right of DESIGN ADDICT to take all appropriate measures in such cases.
TERMS OF SUBSCRIPTION OF ORDERS AND PURCHASE PROCESS
On the occasion of the purchase, the Buyer has a sales contract with the seller of the product.
the Site Operator DESIGN ADDICT, Best Of Publishing S.A./NV, is in no way responsible for the sale, it is only the intermediary between the seller and the buyer.
5.1 Order Process
In order to place an order, the Buyer selects one or more Products. The Purchaser will be able to check the nature of the Products he has chosen and will be able to check their unit price and the overall price of the order. To validate his order, the Buyer clicks on the validation button, he will then access a form in which he can fill in his details, either by identifying himself via his Account, or by creating a new account by completing the form provided for this purpose. Once it is connected or after it has completed the form, the Buyer will be invited to check or change its delivery and billing information, read and validate these Terms and Conditions, confirm his order and perform its payment under the conditions of the Article “Payment Information”. From the moment the Buyer has validated his intention to take possession of a Product, the Seller is immediately informed of this purchase order. The Seller has 48 hours to confirm or cancel his offer of sale. His acceptance will be irrevocable. After the acceptance of the seller, the sale will be concluded and the credit card of the buyer will be charged. DESIGN ADDICT undertakes to send the Buyer a summary email of the order in order to confirm the processing and to communicate all the information relating to the order.
Failing a response from the seller within 48 hours (2 days), this will amount to a refusal and the sales contract will not be concluded. The order of the buyer will be canceled and his credit card will not be charged.
The delivery is always the responsibility of the Buyer and is calculated before the conclusion of the sale according to the dimensions, the weight and the delivery address.
It should be noted that the buyer also has the possibility to withdraw the product itself from the seller.
The Buyer is informed and accepts that deliveries cover the whole world, unless otherwise indicated on the Site at the time of confirmation of the order.
At the time of the purchase, two choices are available to the Buyer to organize the delivery of the Product:
6.1 Delivery by DESIGN ADDICT
During the purchase process, the buyer has the opportunity to directly calculate the amount of the delivery directly and pay a total amount including the price of the product as well as its delivery.
The buyer may also decide to pay only the product and to pick it up himself at the seller.
It should be noted that some products do not benefit from the secure online payment offer or the shipping offer. Indeed, some sellers prefer to deal with the live transaction with their potential customers. The Seller agrees to send the Buyer the properly packaged Product according to the timing set up by DESIGN ADDICT. The Seller is solely responsible for the proper performance of the delivery of the Product ordered to the Buyer, within the aforementioned deadlines. The risks related to the delivery operation weigh on the Seller, who will have to turn against the carrier if necessary. The seller agrees to keep proof of delivery for a period of 1 month following the date of shipment of the Product, and undertakes to provide DESIGN ADDICT, at the request of the latter, all the information of which it has, in particular regarding the date of receipt of the Product by the buyer.
6.1.1 Delivery charges
The price is calculated according to a complex algorithm based on the size, origin, weight and destination of each product.
6.1.2 Delivery time
Orders are delivered by our transport partners, designated by DESIGN ADDICT according to the specificities of each piece. DESIGN ADDICT undertakes to deliver the order within a maximum of 60 days after confirmation of order and receipt of the customer’s payment.
The delivered Product is subject to the Calendar of our suppliers, namely that of the Seller concerned.
6.2 Delivery by the seller
After conclusion of the sale and receipt of the Transaction Price by DESIGN ADDICT, DESIGN ADDICT will communicate to the Seller the Buyer’s details so that he can proceed with the delivery of the Product.
The two contractors then jointly regulate the delivery of the Product to its destination.
It should be noted that this option allows the buyer to come and pick up the product himself.
The seller is not required to seek a carrier while this service is offered by the site DESIGN ADDICT.
6.3 Right of withdrawal in case of default in the Delivery
In the event of an obstacle to delivery within the stipulated time, DESIGN ADDICT will keep the customer informed of the evolution of the situation. The Customer, just like DESIGN ADDICT, is entitled to terminate the contract if the delay in delivery is more than 8 weeks. The withdrawal results in the immediate and full refund of the amounts paid by the customer.
6.4 Damage and partial loss
In case of delivery of a package obviously and visibly damaged, it is up to the Buyer to refuse to enjoy the warranty offered by the carrier. The Buyer must also inform DESIGN ADDICT without delay by email to the coordinates mentioned in the article “Customer Service”.
Similarly, the Buyer may refuse any incomplete package or damaged items. In accordance with Article 7 of Chapter I of the Belgian Commercial Code, the receipt of the transported objects extinguishes any action against the carrier for damage or loss if the reservations or claims are formulated in writing and sent to the carrier within a specified period. 3 days after receipt and if it is proven that the damage or missing is prior to delivery. However, it is stated that in the case of second-hand goods, aesthetic defects (state of wear, scratches, etc.) are ineligible for DESIGN ADDICT, which the Buyer acknowledges and expressly accepts.
Failing to report a damaged package under the conditions above, the Buyer is presumed to have received the package in good condition. It assumes, therefore, any responsibility in this respect and will not be able to contest his order, except in application of any legal or regulatory provisions to the contrary.
PROPERTY RESERVE CLAUSE
The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause. The risks are transferred to the Buyer upon receipt of the Products.
The full price of the Products is due upon validation of the order.
The payment methods on Designaddict.com are: Paypal, VISA credit card, MASTERCARD. Credit card payments are made through secure transactions provided by the provider: Ogone.
As part of payments by credit card, DESIGN ADDICT has access to any data relating to the means of payment of the Buyer. The Purchasers guarantee to DESIGN ADDICT that they have the necessary authorizations to use the method of payment chosen. The delivery times defined in the article below do not begin to run until the date of receipt of payment by DESIGN ADDICT, the latter can provide evidence by any means.
Failing to receive payment from the Buyer within eight (8) days of the order, the order will be resolved and the Products put on sale on the Site.
DESIGN ADDICT reserves the right to suspend or cancel any order and / or delivery, in case of non-payment of any sum that would be due by the Buyer, in case of a payment incident, or in case of fraud or attempted fraud relating to the use of the Site. In addition, failure to pay at the end of any sum due to DESIGN ADDICT will give rise to the collection of penalties equal to three (3) times the rate of the legal interest to which will be added a fixed compensation of forty (40) euros for recovery costs. These penalties will be due from the day after the due date of the unpaid amounts, without prior notice.
RETURN AND GUARANTEES
9.1 Right of withdrawal
The Buyer has the right to inform DESIGN ADDICT that it withdraws from the purchase without having to pay a penalty and without having to provide a reason for its decision within fourteen (14) calendar days following the day following the delivery of the order. Product.
The Buyer does not have the right to withdraw from the purchase if it is clear that the delivered products have been used or if the products have been returned without adequate protection, in other words in their original packaging, in perfect condition for resale (undamaged or unsoiled by the customer) and with all possible accessories.
Expenses incurred for the return of the Product will be the sole responsibility of the Purchaser.
9.1.1 Effects of the retraction
Subject to compliance with this procedure and the time limits indicated, DESIGN ADDICT will refund all payments received with the exception of delivery charges which remain the responsibility of the Buyer without undue delay and, in any case, at the latest fourteen (14) days from the day on which DESIGN ADDICT has received the return of your goods. DESIGN ADDICT will then refund by bank transfer or by credit card used for the initial transaction; in any case, this refund will not cause any costs for the Buyer except the delivery costs (return). DESIGN ADDICT may nevertheless decide to defer the reimbursement until the actual recovery of the Product by the Seller.
The right of withdrawal can not however be exercised for contracts for the supply of goods made to the Buyer’s specifications or clearly personalized.
9.2 Legal guarantee of conformity and guarantee of hidden defects
The Seller guarantees the conformity of the products sold as well as their defects. The Seller undertakes to describe as precisely as possible the characteristics of the Product in the advertisement referring to it. The Seller is held to the defects of conformity of the Product sold under the conditions provided in articles 1649bis and following of the Civil Code as well as hidden defects of the product sold under the conditions provided for in articles 1641 and following of the Civil Code.
When the Buyer acts as a legal guarantee of conformity:
It has a period of two (2) years from the issue of the product to act.
The Purchaser may choose between repairing or replacing the product, subject to the cost conditions provided by article 1649quinquies of the Civil Code.
The Purchaser is exempted from providing proof of the lack of conformity of the product during the six (6) months following the delivery of the goods.
The legal guarantee of conformity applies regardless of the commercial guarantee that may be granted.
The Purchaser may decide to implement the guarantee against hidden defects within the meaning of Article 1641 of the Civil Code. In this case, the Buyer can choose between the resolution of the sale or a reduction of the selling price in accordance with article 1644 of the Civil Code.
RESPONSIBILITY OF DESIGN ADDICT
10.1. DESIGN ADDICT undertakes to provide the Services diligently and according to the rules of the art, being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which the Buyers recognize and accept specifically.
10.2. DESIGN ADDICT can not be held responsible for the non-performance or the delay in the execution of the sales contracts because of external circumstances, a case of force majeure or disruptions or strikes total or partial of particular postal services and means of transport or communications.
10.3.DESIGN ADDICT can not be held liable towards the Purchasers, under the conditions of common law, for the only direct damage suffered by the Purchasers, resulting from a breach of DESIGN ADDICT to its contractual obligations as defined herein. The Purchasers therefore waive any claim for compensation from DESIGN ADDICT for any reason whatsoever, including indirect damages, including loss of profits, loss of opportunity, or losses resulting from or resulting from the execution of these presents.
In addition, DESIGN ADDICT may not be liable to Professional Buyers for the payment of damages of any nature whatsoever due to their use of the Services, for an amount that would be greater than the amount invoiced by DESIGN ADDICT to the Professional Purchasers under present.
DESIGN ADDICT’s liability may only be incurred if the Purchasers have made a complaint, by registered letter with acknowledgment of receipt, within one (1) month following said occurrence.
OBLIGATION OF BUYERS
Without prejudice to the other obligations provided for herein, the Purchasers undertake to respect the following obligations.
11.1. Buyers undertake, in their use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
They are solely responsible for the proper performance of all formalities including administrative, tax and / or social and all payments of contributions, taxes or levies of any kind which they incumbent if any in connection with their use of the Services.
11.2.Buyers undertake to provide to DESIGN ADDICT, within the framework of the Services, only information or data of any kind that is accurate, up-to-date and truthful and that is not tainted by any misleading or improper nature. to mislead. They undertake to update this information so that it always meets the aforementioned criteria. They undertake to provide DESIGN ADDICT with all information necessary for the proper execution of the Services and, more generally, to cooperate actively with DESIGN ADDICT with a view to the proper execution of these presents.
11.3. Buyers must take the necessary measures to safeguard by their own means the information of their Personal Space that they deem necessary, of which no copy will be provided.
11.4. Buyers are informed and agree that the implementation of the Services requires that they be connected to the Internet and that the quality of the Services depends directly on this connection, for which they are solely responsible.
OBLIGATION OF SELLERS
The Seller agrees to hold the full and entire property of any Product that it sells on the Site.
The Seller warrants that any Product offered for sale on the Site is in full compliance with public order, morality, third party rights and applicable laws.
The Seller undertakes not to mislead advertising or, more generally, to engage in unfair commercial practice through the Site. The Seller undertakes to withdraw as soon as possible from his advertisements any Product that he does not wish to sell or sell by any other means. The Seller undertakes to facilitate the best shipping of the Products by packaging the Product sold to avoid any breakage and thereby the cancellation of the Order. The seller is obliged to apply the packing instructions provided when registering as a seller on Design addict.
13.1. Are strictly prohibited: (I) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (II) any intrusions or attempts of intrusions in the systems of DESIGN ADDICT, (III) any diversions of the system resources of the Site, (IV) any actions likely to impose a disproportionate burden on the infrastructure of the latter, (V) any breaches of the security and authentication measures, (VI) any acts likely to affect the financial rights and interests , commercial or moral of DESIGN ADDICT or users of its Site, (VII) any practice diverting the Site for purposes other than those for which it was designed and finally more generally (VIII) any breach of these Terms and Conditions or laws and regulations in force.
13.2. It is also strictly forbidden to monetize, sell or concede all or part of the access to the Services or the Site, as well as the information it contains.
13.3.In the event of any breach of any of the provisions of this article or, more generally, of infringements of the laws and regulations, DESIGN ADDICT reserves the right to take all appropriate measures and to take any legal action.
14.1 Customer Service
The customer service of this Site is available from Monday to Friday from 9:00 to 12:30 and from 14:00 to 18:00 to the following non-premium telephone number: +32 2 349 35 53, by e-mail to the following address firstname.lastname@example.org or by mail to the following address: DESIGN ADDICT, Belvedere Street, 28, Ixelles, Belgium. In the latter two cases, DESIGN ADDICT will endeavor to provide a response within two (2) business days.
EXEMPTION FROM THE RESPONSIBILITY OF DESIGN ADDICT
15.1 Accessibility to the site and force majeure
DESIGN ADDICT can not be held responsible for temporary difficulties or impossibilities of access to the Site resulting from circumstances external to it, or which would be due to disturbances of the telecommunication networks. The unavailability, even prolonged and without any limitation period, of one or more Products, can not be constitutive of a prejudice for the Purchaser and can in no way give place to the grant of damages and interests on behalf of DESIGN ADDICT.
DESIGN ADDICT can in no way be held responsible for the breach of contract that may be attributable to a case of force majeure, as defined by the Belgian courts.
15.2 Products sold on the Site
DESIGN ADDICT undertakes to comply with all applicable provisions in force in Belgium and can not be held responsible for non-compliance with the regulatory and legal provisions in force in other countries.
DESIGN ADDICT can in no way be held responsible for misuse of the Products, poor maintenance of the Products, accidental damage or misuse or improper use of the Products after their delivery.
The Products offered for sale on the Site being sold not installed, the Buyer declares to be his business installation of Products that he must perform in the rules of art, which he recognizes and accepts.
15.3 Hypertext links
The hypertext links on this Site may refer to other websites and the responsibility of DESIGN ADDICT can not be engaged if the content of these sites violates the laws in force. Similarly, the responsibility of DESIGN ADDICT can not be engaged if the visit by the Buyer, of one of these sites, caused him harm.
NEWSLETTER OF DESIGN ADDICT AND ITS PARTNERS
By subscribing to the Newsletter or by checking the box provided for this purpose or by expressly agreeing to this end, the Buyer accepts that DESIGN ADDICT may send them, at a frequency and in a form that it determines, a newsletter (newsletter) that may contain information about its activity.
When the Buyer subscribes to the Newsletter or ticks the box provided for this purpose, he agrees to receive commercial offers from DESIGN ADDICT for products and services similar to those ordered.
Purchasers subscribers will have the option to unsubscribe from the Newsletter by clicking on the link provided for this purpose, present in each of the Newsletters (newsletters).
INFORMATION ABOUT THE COMPUTER LAW AND FREEDOMS
17.1 Management of personal data.
In Belgium, personal data are notably protected by Law No. 78-87 of 6 January 1978, Law No. 2004-801 of 6 August 2004, Article L. 226-13 of the Penal Code and the European Directive of October 24, 1995.
On the occasion of the use of the Site www.designaddict.com can be collected: the URL of the links through which the user has accessed the site www.designaddict.com, the service provider of the user, the Internet Protocol (IP) address of the user. In any case DESIGN ADDICT only collects personal information about the user for the needs of certain services offered by the Site. The user provides this information with full knowledge of the facts, in particular when he proceeds to input them himself. It is then specified to the user of the Site the obligation or not to provide this information. In accordance with the provisions of Article 38 et seq. Of Law 78-17 of 6 January 1978 relating to data, files and freedoms, all users have a right of access, rectification and opposition to personal data. concerning him, by making his written and signed request, accompanied by a copy of the identity document with signature of the holder of the document, specifying the address to which the answer must be sent. No personal information of the user of the Site is published without the knowledge of the user, exchanged, transferred, assigned or sold on any support to third parties. Only the assumption of redemption of DESIGN ADDICT and its rights would allow the transmission of such information to the prospective purchaser who would in turn be given the same obligation to store and modify data with respect to the user of the Site. The databases are protected by the provisions of the Act of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.
PARTICULARS RELATING TO THE COLLECTION OF COOKIES
General – Purpose – Duration
In order to allow the Buyer an optimal navigation on this Site as well as a better functioning of the various interfaces and applications, DESIGN ADDICT will proceed to the implementation of a cookie on his computer station. This cookie makes it possible to store information relating to the navigation on the site (date, page, hours), as well as any data entered by the Buyer during his visit (search, login, email, password). These cookies are intended to be kept on the Purchaser’s computer for a variable period of up to 6 months, and may be read and used by DESIGN ADDICT during a subsequent visit by the Buyer to this site.
– Statistics: Measuring the traffic of the Website i.e. the number of visits to the Website, which areas the visitors come from, which pages are visited on the Website and in which geographical area the visitors are located.
– Improve the functioning of the Website: Optimize your experience, in particular by helping you remember your username and password when you return to the site and thus connect without having to login again.
– Connection to Social Networks: We offer you the possibility to connect to Social Networks, such as Facebook.
– Quality Assurance: Ensure the quality of evaluations and prevent abuse or irregularities in the writing of evaluations and use of the Website.
– Target advertising: Display specific advertisements on the Website that we think may be of interest to you.
– Google Analytics: for statistical purposes.
– Google Adwords, Google Shopping, Bing Ads, Criteo: for targeted advertising purposes.
– Facebook: set up by Facebook if you interact with the Facebook plugin or if it is already connected to Facebook from another source in order to connect and integrate them.
– Twitter: set up by Twitter if you interact with the Twitter plugin or if it is already connected to Twitter from another source in order to connect and integrate them.
– Google +: set up by Google if you interact with the Google plugin or if it is already connected to Google from another source for the purpose of connecting and integrating.
– Pinterest: set up by Pinterest if you interact with the Pinterest plugin or if it is already connected to Pinterest from another source in order to connect and integrate.
Regarding the advertising cookies that we use, we give the possibility to any user of the Site to check a box expressing its agreement on this subject when collecting its data. It also has the option to disable these cookies under the conditions of the article “Deletion of cookies” below.
Right to oppose the implementation of the cookie
The Buyer has the option to block, change the retention period, or delete this cookie via the interface of his browser (usually: tools or options / privacy or confidentiality). In such a case, navigation on this site will not be optimized. If the systematic deactivation of cookies on the Buyer’s browser prevents him from using certain services or features provided by DESIGN ADDICT, this malfunction can not in any case constitute damage for the Buyer who can not claim any compensation for this fact .
Deletion of cookies
Any user also has the option to delete cookies previously present on his computer, by going to the menu of their browser provided for this purpose (generally, tools or options / privacy or confidentiality). Such action does not affect its navigation on this Site, but causes the Buyer to lose all the benefit of the cookie. In this case, he will have to enter all the information concerning him again.
INTELLECTUAL PROPERTY ON THE ELEMENTS OF THE SITE
All the elements constituting the present site belong to DESIGN ADDICT and are protected by the legislation on the intellectual property. The User therefore acknowledges that, in the absence of authorization, any total or partial copy and any dissemination or exploitation of one or more of these elements, even if modified, will likely give rise to legal proceedings against him. by DESIGN ADDICT or its beneficiaries.
This protection will cover all the textual and graphic content of the site, but also its structure, its name and its graphic charter or any other component element. Similarly, the User acknowledges being informed that the matrix of these terms and conditions is protected by an intellectual property right and that any reproduction, even partial, of this document may be the subject of legal proceedings for economic parasitism. Furthermore, any item posted by a third party (photo, logo, text, description) on DESIGN ADDICT automatically becomes the property of DESIGN ADDICT who can then use this material for promotional or other purposes.
AMENDMENT OF THE GENERAL CONDITIONS
These terms and conditions may be modified at any time by DESIGN ADDICT. The general conditions applicable to the Buyer are those in force on the date of his order. DESIGN ADDICT undertakes, of course, to keep all of its former general conditions and to send them to any Purchaser who requests them.
APPLICABLE LAW AND COMPETENT JURISDICTIONS
THESE TERMS AND CONDITIONS ARE SUBJECT TO THE APPLICATION OF BELGIAN LAW.
In the event of any dispute as to the validity, interpretation and / or execution of the General Conditions, the parties agree that the french courts of Brussels shall have exclusive jurisdiction to rule, except contrary mandatory rules of procedure.
If one of the clauses of the present general conditions was to be declared null by a decision of justice, this nullity could not bring about the nullity of all the other clauses, which would continue to produce their effect.
The fact, for the parties, not to take advantage temporarily or permanently of one or more clauses of the present general conditions, will not in any case take away to take advantage of the rest of the general conditions.
ENTRY INTO FORCE
These Terms and Conditions came into effect on November 26, 2018.