Terms and conditions of use

Article 1 - Definitions

In the following we will refer to :

- Site': the site https://noatec.eu and all its pages.
- Publisher': the legal entity responsible for the publication and content of the site, and presented in the site's legal notice.
- User': the Internet user visiting and using the site.

Article 2 - Information required by the law on confidence in the digital economy and purpose of the site

This site is published by NOA Technologies srl (or NOATEC). Legal information about the host and publisher of the site, including contact details and any capital and registration information, is provided in the legal notice of this site. Information on the collection and processing of personal data (policy and declaration) is provided in the site's personal data charter. The purpose of this site is determined as "online sales site". The site is freely accessible to all Internet users. The acquisition of a good or service, or the creation of a member space, or more generally the navigation on the site supposes the acceptance, by the Internet user, of the entirety of the present general conditions, who acknowledges by the same token to have taken full knowledge of them. This acceptance may consist, for example, in the Internet user checking the box corresponding to the sentence accepting these general conditions, for example with the words "I acknowledge that I have read and accepted all the general conditions of the site". The fact of ticking this box will be deemed to have the same value as a handwritten signature by the Internet user. Acceptance of these terms and conditions assumes that the user has the legal capacity to do so. If the user is a minor or does not have this legal capacity, he/she declares that he/she has the authorisation of a guardian, curator or legal representative. The user acknowledges the value of the automatic recording systems of the publisher of the present site as proof and, unless he/she can prove otherwise, he/she waives the right to contest them in the event of a dispute.
The Publisher provides the Customer, on its Site, with a privacy policy specifying all the information related to the use of the Customer's personal data collected by the Publisher and to the rights the Customer has with regard to these personal data. The data privacy policy is part of the GTC. Acceptance of these TOS therefore implies acceptance of the Data Privacy Policy.

Article 3 - Members' area

The registered user of the site (member) has the possibility of accessing it by logging in with his/her login details (e-mail address defined at registration and password) or possibly by using systems such as third-party social network login buttons. The user is entirely responsible for the protection of the password he/she has chosen. The user is encouraged to use complex passwords. If the member forgets their password, they can generate a new one. This password guarantees the confidentiality of the information contained in the "my account" section and the user is therefore prohibited from transmitting or communicating it to a third party. Failing this, the site editor cannot be held responsible for unauthorised access to a user's account. The creation of a personal space is an essential prerequisite for any order or contribution by the member on this site. To this end, the member will be asked to provide a certain amount of personal information. The member undertakes to provide accurate information. The purpose of collecting data is to create a "member account". If the data contained in the member account section were to disappear following a technical failure or a case of force majeure, the responsibility of the site and its editor could not be engaged, this information having no probative value but only an informative character. The pages relating to member accounts can be freely printed by the holder of the account in question but do not constitute proof, they are only of an informative nature intended to ensure efficient management of the service or contributions by the member. The publisher reserves the exclusive right to delete the account of any member who has contravened these general terms and conditions (in particular, but without this example being exhaustive, when the member has knowingly provided erroneous information when registering and setting up his or her personal space) or any account that has been inactive for at least one year. The said deletion shall not constitute damage for the excluded member who shall not be entitled to claim any compensation as a result. This exclusion is not exclusive of the possibility for the publisher to take legal action against the member, when the facts justify it.

Article 4 - Exemption from liability of the publisher in the performance of this contract

In the event of impossibility of access to the site, due to technical problems or of any other nature, the user may not claim any damages or compensation. The hypertext links appearing on the present site may refer to other Internet sites and the responsibility of the publisher of the present site cannot be engaged if the content of these sites contravenes the legislation in force. Similarly, the publisher of this site cannot be held liable if the visit of one of these sites by the Internet user causes him/her harm.

Article 5 - Geographical limitation of use

The use of the site's services is not geographically restricted.

Article 6 - Intellectual property rights relating to the elements published on this site

All the elements of this site belong to the editor or to a third party agent, or are used by the editor on the site with the authorisation of their owner. Any copy of the logos, textual, pictographic or video contents, without this enumeration being restrictive, is strictly forbidden and is considered as counterfeiting. Any member who is guilty of infringement may have his or her account deleted without notice or compensation and without this deletion constituting damage to him or her, without prejudice to any subsequent legal proceedings against him or her, at the initiative of the publisher of this site or his or her agent.

Article 7 - Limitation of liability

The publisher of the site is only bound by an obligation of means; its responsibility cannot be engaged for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of service, or others. The user expressly admits using the site at his own risk and under his exclusive responsibility. The site provides the user with information on an indicative basis, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, NOATEC cannot be held responsible for : - any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data, etc., which may result from the use of the site or, on the contrary, from the impossibility of using it; - malfunction, unavailability of access, misuse, poor configuration of the user's computer, or the use of a browser not frequently used by the user; - the content of advertisements and other links or external sources accessible by the user from the site.

Article 8 - Access to the site

The site editor cannot be held responsible for the technical unavailability of the connection, whether this is due to a case of force majeure, maintenance, an update, a modification of the site, an intervention by the host, an internal or external strike, a network failure, a power cut, or a poor configuration or use of the user's computer.

Article 9 - Closing an account

Each user is free to close their account on the site. To do this, the member must send an e-mail to the site indicating that he/she wishes to delete his/her account. No recovery of his data will then be possible.

Article 10 - Miscellaneous clauses

The present general conditions are subject to the application of Belgian law. They may be modified at any time by the site editor or his representative. The general conditions applicable to the user are those in force on the day of acceptance of these conditions. The publisher obviously undertakes to keep all its former general conditions and to send them to any user who requests them. Except for provisions of public order, all disputes that may arise in the context of the execution of these general conditions may, before any legal action is taken, be submitted to the site editor for an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal action. Unless otherwise provided for by public policy, any legal action relating to the execution of this contract shall be subject to the jurisdiction of the courts of the jurisdiction of the Court of Appeal seized. If one of the clauses of these general conditions is declared null and void by a court decision, this nullity shall not entail the nullity of all the other clauses, which shall continue to have effect.

Article 11 - Use of Cookies

A "Cookie" allows the identification of the user of a site, the personalisation of his consultation of the site and the acceleration of the display of the site thanks to the recording of a data file on his computer. The site is likely to use "Cookies" mainly to 1) obtain navigation statistics in order to improve the User's experience, and 2) allow access to a member's account and to content that is not accessible without logging in. The User acknowledges that he/she is aware of this practice and authorises the site editor to use it. The publisher undertakes never to communicate the content of these "Cookies" to third parties, except in the case of legal requisition. The user can refuse the recording of "cookies" or configure his browser to be warned before accepting "cookies". To do this, the User must set the parameters of his browser:

- For Internet Explorer: http: //windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
- For Safari: https: //support.apple.com/fr-fr/ht1677
- For Google Chrome: https: //support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
- For Firefox: https: //support.mozilla.org/fr/kb/activer-desactiver-cookies
- For Opera: http: //help.opera.com/Windows/10.20/fr/cookies.html

Article 12 - Framework of conditions

If any provision of the Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms describe the entire agreement between the user and the website. They supersede all prior or contemporaneous written or oral agreements. The Terms and Conditions are not assignable, transferable or sub-licensable by the user himself. A printed version of the Terms and Conditions and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the Terms and Conditions. The parties agree that all correspondence relating to these Terms and Conditions shall be in the French language.

Article 13 - Notifications

Any notification or notice regarding these terms and conditions, the legal notices or the personal data charter must be made in writing and must be delivered by hand, registered or certified mail, by post from a nationally recognised courier service that allows you to track your packages regularly, or by email to the addresses indicated in the site's legal notices, specifying your full name, contact details and the subject of the notice.

Article 14 - Complaints

Any claim relating to the use of the website, the service offered on this website, or any other related service, the website's pages on any social networks or the terms and conditions, legal notice or privacy policy must be filed within 365 days of the date of origin of the matter giving rise to the claim, regardless of any statute or law to the contrary. If such claim is not filed within 365 days, such claim will be forever barred in court.

Article 15 - Inaccuracies

It is possible that the website and the services offered may contain inaccuracies or errors, or information that is not in accordance with the general terms and conditions, the legal notice or the personal data policy. In addition, it is possible that unauthorised modifications are made by third parties on the site or on related services (social networks, etc.). We make every effort to ensure that such deviations are corrected. In the event that such a situation should escape us, please contact us by post or by e-mail at the addresses indicated in the legal notice of the site with, if possible, a description of the error and the location (URL), as well as sufficient information to enable us to contact you. For copyright-related enquiries, please refer to the section on intellectual property.

All rights reserved - 21 December 2019

Head office

NOA Technologies srl
Rue Arsène Grosjean, 6
5020 Temploux
Belgium
VAT number : BE 0728877103

Copyright ©2019 NOA Technologies srl