Terms and conditions of use
Article 1 - Definitions
Hereafter, we will refer to :
- Site' : the site https://noatec.eu and all its pages.
- Editor': the legal entity responsible for the publication and content of the site, and presented in the legal notice of the site.
- User': the Internet user visiting and using the site.
Article 2 - Information required by the law of 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 information and any capital and registration information, is provided in the legal notice of this site. Information concerning the collection and processing of personal data (policy and declaration) is provided in the personal data charter of the site. 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 a 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, which recognizes of the same fact to have taken fully knowledge of it. This acceptance may consist, for example, for the Internet user, in checking the box corresponding to the sentence of acceptance of the present general conditions, having for example the mention "I recognize to have read and accepted the whole of the general conditions of the site". The fact of checking this box will be deemed to have the same value as a handwritten signature on the part of 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 authorization of a guardian, curator or legal representative. The user recognizes the value of proof of the automatic recording systems of the editor of the present site and, except for him to bring a contrary proof, he renounces to dispute them in case of litigation.
The Editor makes available to the Customer, on his Site, a privacy policy specifying all the information related to the use of the Customer's personal data collected by the Editor and to the rights the Customer has with respect to these personal data. The data privacy policy is part of the GTC. Acceptance of these TOU implies acceptance of the Data Privacy Policy.
Article 3 - Member area
The user registered to the site (member) has the possibility of accessing it by logging in with his identifiers (e-mail address defined at the time of his registration and password) or possibly by using systems such as third party login buttons of social networks. The user is entirely responsible for the protection of the password he/she has chosen. Users are encouraged to use strong 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. Otherwise, the site editor cannot be held responsible for unauthorized access to a user's account. The creation of a personal space is a prerequisite to any order or contribution of the member on this site. To this end, the member will be asked to provide a certain amount of personal information. The member agrees to provide accurate information. The purpose of the data collection 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 the members' accounts are freely printable by the holder of the account in question but do not constitute a proof, they have only an informative character intended to ensure an effective management of the service or the contributions by the member. The publisher reserves the exclusive right to delete the account of any member who has contravened these terms and conditions (including, but not limited to, when the member knowingly provides false information when registering and creating his personal space) or any account that has been inactive for at least one year. The said deletion will not be likely to constitute a damage for the excluded member who will not be able to claim any compensation for this fact. This exclusion is not exclusive of the possibility, for the editor, to undertake legal proceedings against the member, when the facts will have justified it.
Article 4 - Exemption from liability of the publisher in the context of the execution of this contract
In case of impossibility of access to the site, because of technical problems or of any nature, the user will not be able to take advantage of a damage and will not be able to claim any compensation. The hypertext links appearing on the present site can refer to other Internet sites and the responsibility of the editor of the present site could not be committed if the contents of these sites contravene the legislations in force. Similarly, the responsibility of the editor of the present site cannot be engaged if the visit, by the Internet user, of one of these sites, causes him a prejudice.
Article 5 - Geographical limitation of use
The use of the services of the site is not limited geographically.
Article 6 - Intellectual property rights relating to the elements published on this site
All the elements of the present site belong to the editor or to a third party agent, or are used by the editor on the site with the authorization of their owner. Any copy of the logos, textual, pictographic or video contents, without this enumeration being restrictive, is rigorously prohibited and is similar to counterfeiting. Any member who would be guilty of counterfeiting would be likely to see his account deleted without notice or compensation and without this deletion being able to constitute him a damage, without reserve of possible later legal proceedings against him, at the initiative of the editor of the present site or his agent.
Article 7 - Limitation of liability
The editor of the site is only bound by an obligation of means; his responsibility cannot be engaged for a 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 for information purposes only, with imperfections, errors, omissions, inaccuracies, and other ambivalences that may exist. In any case, NOATEC shall not be held responsible for : - any direct or indirect damage, including loss of profits, loss of earnings, loss of customers, loss of data, etc., that 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 little 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 responsibility of the editor of the site cannot be committed because of a technical unavailability of the connection, that it is due in particular to a case of absolute necessity, to a maintenance, to an update, to a modification of the site, to an intervention of the host, to an internal or external strike, to a breakdown of network, to a cut of electric supply, or still to a bad configuration or use of the user's computer.
Article 9 - Account Closure
Each user is free to close his account on the site. To do this, the member must send an e-mail to the site indicating that he wishes to delete his 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 can be modified at any time by the publisher of the site or his representative. The general conditions applicable to the user are those in force on the day of acceptance of these. The publisher 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 which could arise within the framework of the execution of the present general conditions will be able to be subjected to the appreciation of the editor of the site before any legal action with a view to a friendly settlement. It is expressly recalled that the requests for amicable settlement do not suspend the time limits opened to bring legal actions. 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. If one of the clauses of the present general terms and 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 personalization 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 may use "cookies" primarily to 1) obtain browsing 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 authorizes 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 registration 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 - Framing 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 any 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 concerning 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 mail from a nationally recognized courier service that allows you to follow up on your packages regularly, or by e-mail to the addresses indicated in the legal notices of the site, specifying your full name, contact information 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 contain inaccuracies or errors, or information that is not in accordance with the general conditions, the legal notice or the personal data charter. In addition, it is possible that unauthorized changes are made by third parties on the site or on related services (social networks, ...). 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 mail or email 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 inquiries, please refer to the section on intellectual property.
All rights reserved - December 21, 2019
Head office
NOA Technologies srl
Rue Arsène Grosjean, 6
5020 Temploux
Belgium
VAT number : BE 0728877103