ARTICLE 1: SCOPE OF APPLICATION
By the use and navigation of this website and/or placing an order under these Terms ans Conditions and the Legal informations, you will be referred to as "you "or "your ", the "customer ", the "purchaser or the "user ".
ARTICLE 2: DEFINITIONS
Website: the website where you found these Legal information and Conditions of Use.
User, you, your : any natural or legal person who visits the website.
ITEM 3: LEGAL INFORMATIONS
3.1 INFORMATIONS RELATED TO ISABELLE GIROUX
This website is managed by Isabelle Giroux, headquartered at Rue des grands prés 93, 7000 Mons, Belgium (Activity 10555 Isabelle Giroux Design managed by Productions Associées VAT BE 0896 755 397, Rue Emile Feron 70, 1070 Brussels).
You can contact Isabelle Giroux at the following:
Mailing Address: Rue des grands prés 93, 7000 Mons, Belgium
E-mail: info @ isabelle-giroux.com
3.2 DESCRIPTION AND PURPOSE OF THE WEBSITE
With this website, Isabelle Giroux primarily offers the following services (list indicative and not exhaustive):
• The communication of optional information about the company Isabelle Giroux, its product ranges (especially, but not limited to, with respect to the characteristics of various products, use objectives, availability, the prices, etc.), her services (especially, but not limited to, customer service, etc.);
• An online store allowing you to buy Isabelle Giroux products via this website and have them delivered at home;
• A communication platform between you and Isabelle Giroux, to be used for any notice, request, demand or other communication between you and Isabelle Giroux.
• The use of specific service:
• the ability to create a profile on Isabelle Giroux website, allowing you to easily manage your customer record.
This website is available in French and English.
Any contract concluded via this website may be in French or English.
3.4 TECHNICAL STEPS TO CONCLUDE A CONTRACT
The order is done in several steps ("Process Order"):
• You select the desired product and fill your shopping cart;
• Once you have decided to make the payment, you get a summary to detect any incorrect entries that you must correct before clicking on the "submit order" button at the end of the ordering process.
• After validating your purchases, you will receive a last summary and you have the option of accepting your order once and for all;
• Finally, you may then proceed to payment. Payments by credit card (PayPal) and bank transfer are accepted.
For more information about the processing of personal data provided by Isabelle Giroux via this Website, see Privicy policy of Isabelle Giroux.
ARTICLE 4: ABOUT OUR PRODUCT RANGE AND PRODUCTS
Isabelle Giroux undertakes to describe and present the items sold on the website as accurately as possible. Isabelle Giroux, however can not guarantee that certain features of the products will not change after a while, especially because of the ongoing improvements in quality. Despite our precautions, errors in the presentation may not be excluded. In this case, Isabelle Giroux will not be held responsible.
Also, pictures of the products featured on the website are provided for guidance only and do not generate any contractual obligation on the part of Isabelle Giroux. Isabelle Giroux responsibility can in no way be bound by the content or format of these product photos.
The prices displayed on the website are quoted in euros and all charges applicable in Belgium included.
The prices listed on each product sheet are those in effect for the online store in Belgium. They remain valid if the selected items are in stock.
Prices shown on www.isabelle-giroux.be do not include carrying costs, packaging costs (delivery) or other optional services. These costs depend on the extent and properties of each specific order and can not be calculated in advance; transportation costs will vary depending on the size and weight of the order. During the Ordering Process, you will see on the summary the total price of the products, packaging, freight and total terminal delivery, and cost of any additional services, no later than before approval and payment of the order.
Published prices are recommended prices set by Isabelle Giroux.
Isabelle Giroux determines the prices with the utmost care, but material errors are always possible. All prices shown on this website that are provided to you are subject to material error or incorrect price.
Isabelle Giroux makes every effort to ensure that the online offer of its product range truly represents the stock on hand.
However, it is not excluded that products can be shown on the website as being deliverable or available but they are no more stock at the time of your order. The product range and availability of products listed on the website are indicative and can not be considered contractually binding. Isabelle Giroux is not liable for the unavailability of one or more products.
Should it become apparent during the processing of the order, and unlike what is stated on the website, that some of the products ordered are out of stock, Isabelle Giroux will inform you immediately. If applicable, Isabelle Giroux will process the order for available products. In the case of partial availability, you can, if you wish, also cancel your order.
If none of the products of the order placed by the user is available, the order will be canceled and the account of the user not charged.
4.4 PAYMENT AND DELIVERY
The following methods of payment are accepted when placing an order on this website:
• Delivery to your home: payment before delivery by Paypal, bank transfer.
4.4.2 DELIVERY IN ISABELLE GIROUX STORE OF YOUR CHOICE
4.4.3 DELIVERY SERVICES
If you opt for home delivery, your purchase will be sent for delivery as soon as possible, with a maximum of 30 days from the day following the order. For this purpose Isabelle Giroux uses an external service provider. The latter will deliver your purchase during the week and during normal business hours. The total cost of transportation and delivery is communicated to you at the end of the ordering process, and before the approval and payment of the order. To learn more about the ordering process, see section 3.4.
The products are only delivered in Europe (Belgium, France, Germany, Luxembourg, Netherlands, Switzerland, Austria, Spain, Portugal, ...) to the address you entered when placing your order. In the case of delivery to a common address, you agree that Isabelle Giroux delivers the order to the common address as mentioned in the order process. Isabelle Giroux declines all responsibility if the products are not delivered to you personally, but to a cohabitant.
4.5 RIGHT OF WITHDRAWAL AND EXCHANGE LAW
4.5.1 RIGHT OF WITHDRAWAL
With the exception of the products listed in the following paragraph, a right of withdrawal can be applied for every purchase made on this website, without having to pay a fine and without having to justify it. You can exercise this right of withdrawal within 14 calendar days. The period of the right of retraction starts:
• for the items, from the day following the delivery to the user;
• for services, from the day following the closing of the contract.
For the following categories of products, you do not have a right of withdrawal:
• Items that have a clearly personal nature (eg, underwear, personal accessories, etc.);
• Sealed items whose packaging has been opened.
Costs related to the return of the retracted order are under your responsibility. Upon exercise of this right of withdrawal, Isabelle Giroux will refund you within a maximum period of 30 business days, the full price of the product or products, if the product or products are returned complete, in perfect condition and in their original packaging.
4.5.2 EXCHANGE RIGHT
As a customer Isabelle Giroux, you can exchange any product that does not meet your expectations up to 14 days after purchase, upon presentation of the invoice or packing slip. This exchange right does not apply to products with a clearly personal nature (eg, underwear, etc.), sealed items whose packaging has been opened, etc.
5.1 GENERAL USE OF THE WEBSITE
5.1.1 ACCESS TO THE WEBSITE AND SERVICES
Use of the Website and the online services offered by Isabelle Giroux is exclusively reserved for a non-business purposes by:
• adult users and
• Minor users who received parental permission to do so.
Isabelle Giroux may involve access to certain online services for registration and to create an online profile by the user of the website. The personal data you provide to Isabelle Giroux as part of the registration is processed in accordance with the Declaration on the Protection of Privacy of Isabelle Giroux (cf. art. 3.5).
5.1.2 PROHIBITED CONDUCT
By using the Web site and the online services offered by Isabelle Giroux, particularly services that allow the user to place content on Isabelle Giroux Website, you agree to waive the following acts:
• cause illegal acts;
• ensure an illegitimate processing of personal data about other users of the website or online services, appropriating the identity of a third party, publish or broadcast the address and other personal information about a third party, by any means whatsoever;
• distribute or publish, directly or indirectly messages or illustrations harmful, offensive, racist, inciting hate, revisionist, immoral, violating privacy;
• distribute or publish, directly or indirectly, information about its political, philosophical or religious membership in a union, health or sexual orientation or any other personal information;
• distribute or publish content or messages on behalf of third parties;
• distribute content or messages that affect or may affect the interests of Isabelle Giroux.
5.2 SHARING OPINION
Using the service "sharing opinions" allows you to publish notices and text on the website of Isabelle Giroux. In addition to the general dispositions of these Terms and conditions of use and, in particular, but without limitation, the conditions referred to in art. And 5.1 s. 6, the service "sharing opinions" is also subject to the specific dispositions of this art. 5.2.
5.2.1 INTELLECTUAL PROPERTY RIGHTS ON THE PHOTOS "SHARING OPINION"
Art. 6.1.2 below is fully applicable to the intellectual property rights on the texts that you publish on the Website via "Sharing opinion".
5.2.2 PROTECTING THE PRIVACY OF THE USER AND THE PEOPLE DISPLAYED
You agree that Isabelle Giroux can publish your first and last name and the municipality where you live with the content you have downloaded, without being an obligation.
You guarantee to Isabelle Giroux that you have obtained permission from all persons shown on the notice sent in accordance with the Law on Processing of Personal Data, so Isabelle Giroux can use the notice sent as provided in Art. 6.1.2 below. The Declaration on the Protection of Privacy Isabelle Giroux (cf. art. 3.5) applies.
Isabelle Giroux may at any time and at its discretion suspend or withdraw access to content that the user publish on the website via "sharing opinions". Otherwise, the provisions of art. 6.2.2 applies.
ARTICLE 6: VARIOUS DISPOSITIONS
6.1 INTELLECTUAL PROPERTY RIGHTS
6.1.1 CONTENT POSTED BY ISABELLE GIROUX
By using this Website, you expressly acknowledge that the information and data provided are and remain the property of Isabelle Giroux.
This Website's layout, text, logos, illustrations and other elements as well as the selection and the graphics are protected by copyright, trademark law, the law covering computer programs and / or rights relating to databases. Any reproduction or public communication of the whole or part of this website in any form whatsoever and with any means whatsoever, is strictly forbidden unless prior written permission of Isabelle Giroux and / or its (his) distributor (s) license.
The names, trademarks, trade names, images and logos used on this website are trademarks and / or legally protected trade names and Isabelle Giroux and / or his (her) distributor (s) licensed property. Any use of these as well as the intellectual property is prohibited, except with the prior written permission of Isabelle Giroux and / or his (her) distributor (s) license.
In case of violation of these rights, Isabelle Giroux and / or his (her) distributor (s) license can initiate all criminal and civil proceedings deemed appropriate.
6.1.2 CONTENT POSTED BY USERS
Unless other dispositions included in these Legal notices and Conditions of Use, you explicitly pass all copyrights - both proprietary rights as any proprietary rights to the content you post online via the Website, in particular, but not limited to, text, comments, files, photos, videos, graphics work, etc. - Unconditionally and permanently, to Isabelle Giroux.
It is especially possible to reproduce the content you publish without limitation and notify the public through social media activities and promotional activities online or offline, or by Isabelle Giroux itself or by companies associated with Isabelle Giroux. This reproduction or public communication will happen with or without mention of names and with the ability to edit content, at the sole discretion of Isabelle Giroux. You hereby agree to not receive any compensation for the transfer and the possible use of this content by Isabelle Giroux.
After publishing online content on Isabelle Giroux Website, you will renounce to still use, reproduce or publish this content in any manner whatsoever, even though Isabelle Giroux was not using the content for other promotional activities online or offline.
Notwithstanding the dispositions mentioned and to the extent that the intellectual property rights to the content that you posted on the website does not belong to you, or only partially, you warrant Isabelle Giroux that the content does not represent in any way a violation of a copyright, design or model, a registered trademark, or other intellectual property right of a third party, and that:
• you got from the owner of the intellectual property rights concerned permission to reproduce and publish the work in question on the website, so that Isabelle Giroux can make use consistent with the terms outlined in this article, and that
• if the content is related to a photo, you have obtained permission from all persons shown in the photo sent, in accordance with art. 10 of the Law on Copyrights, so that Isabelle Giroux can use the photo sent in accordance with the Terms of this article.
6.2.1 LIABILITY RELATIVE TO THE USE OF THE WEBSITE
Access to and use of the website are the sole responsibility of the User.
The Website may include links to third party sites; by clicking on these links, you acknowledge that Isabelle Giroux can not guarantee the content and the opening of such links and that it is therefore at your own risk.
Isabelle Giroux can not be held liable for damages that result from the consultation and / or use of the website (and the information it contains) or the visit of of third parties Websites linked by Isabelle Giroux on the Website.
Isabelle Giroux may suspend access to the website temporarily or otherwise, for technical or other reasons, including the maintenance of the website or parts of it. The User accepts these interruptions and waives any claim in this regard.
Use of the website by the User implies you have read and accept the characteristics and limitations inherent to the Internet, including technologies related to the response time needed to view or explore the Web server of Isabelle Giroux, technical services, risk of disruption and, more generally, the specific data transfer risk over the internet.
Following the mentioned dispositions, Isabelle Giroux or any company related to Isabelle Giroux who advertises or offers services via the website Isabelle Giroux can in no way be held responsible for the following facts (non-exhaustive and non-limitating list) for:
• information available on the Website that were not published by Isabelle Giroux;
• any network failure that hinders the proper use of the website;
• loss of data;
• any software failure;
• all the consequences of a computer virus, bug (software error), anomaly or failure;
• damage to the computer of the user, for any reason whatsoever.
6.2.2 LIABILITY RELATIVE TO THE PUBLICATION OF CONTENT ON THE WEBSITE
Isabelle Giroux may, with immediate effect, suspend and / or delete any User registration on its Website as well as access to any content and / or information released on the Website.
User agrees that Isabelle Giroux has no prior control over the content published online by the users of the website. After receipt of a complaint, Isabelle Giroux will examine the complaint in the shortest possible time, and will take the necessary measures with respect to the offending content.
6.2.3 LIABILITY RELATIVE TO THE PERFORMANCE OF CONTRACTUAL OBLIGATIONS
If Isabelle Giroux failed to respect its contractual obligations, liability can not be invoked in the event of circumstances beyond its control or force majeure.
Isabelle Giroux’s full responsibility is limited exclusively to any direct damages, and in no event to indirect damages such as, but not limited to, loss of profit, commercial loss, loss of opportunity or benefit , data loss, breaches or other consequential damages that could not be foreseen at the time you visited the Website or made a purchase.
Isabelle Giroux also assumes no liability for damages arising from the use of the Internet (interruption, virus, etc.).
By using theWebsite, User agrees to preserve Isabelle Giroux in principal, of any fees and expenses for any damage, direct or indirect, in response to the following:
• claims of third parties relative to the Content published by a user on Isabelle Giroux Website, particularly for violations of the rights of third parties arising
• the content published online by the user or damage related to press offenses;
• violations of intellectual property rights of third parties;
• any activity related to the use of the Website in violation of the law and / or these Terms and conditions, for fraudulent purposes or not;
If Isabelle Giroux becomes aware of a potential damages or not, it shall immediately notify the user of the proposed or introduced action, the parties would be then consult about the subsequent treatment of the dispute.
Any dispute arising from the interpretation and execution of these Legal notices and conditions of use will be under the exclusive jurisdiction of the Belgian courts. Unless other legal dispositions, the courts of the judicial districts of Mons are competent to take cognizance of disputes either between the User (Users) and Isabelle Giroux, either between users between them.
Belgian law is exclusively applicable.