General terms and conditions of use of the website
« www.domestia.be »
Application
1.1. The “Website” is the website available at the following address: “www.domestia.be”.
The term “You” refers to any user, i.e. any individual or legal entity, registered or not on the Website, who consults the Website or its content, who downloads files, uses them, registers via any form available on the Website, creates a passport, becomes a member, subscribes or contacts D-TECH ELECTRONIC.
1.2 By surfing the Website, reading documents, downloading files, consulting and/or using them in any way, registering via any form available on the Website, creating a passport, becoming a member, subscribing or contacting D-TECH ELECTRONIC, you formally, unconditionally and without any reservation whatsoever, agree to these general terms and conditions and undertake to respect them.
These terms and conditions apply to all information, orders and contracts between the parties. In addition, these General Terms and Conditions exclude and replace any other general terms and conditions.
D-TECH ELECTRONIC SA reserves the right to modify these general terms and conditions at any time without prior notice. These changes shall apply immediately to any use of the website.
Additional rules and guidelines shall be deemed to form part of these terms and conditions. You are therefore advised to refer regularly to the latest version of these conditions available during business hours at the following address
D-TECH ELECTRONIC SA, rue Hector Denis 114, 4420 Montegnée, 04/372.07.16.
D-TECH ELECTRONIC SA
2.1. The Web Site is operated by D-TECH ELECTRONIC SA, whose registered office is located at Rue Hector Denis 114, 4420 Montegnée, 04/372.07.16, registered with the Crossroads Bank for Enterprises under number 0866.080.039 (hereinafter referred to as “D-TECH ELECTRONIC SA”).
2.2. All rights and liabilities stipulated for the benefit of D-TECH
ELECTRONIC SA are also stipulated for the benefit of third parties engaged by D-TECH ELECTRONIC SA.
Access
3.1. The Web Site can be consulted by recent computers on which a current software is installed (browser, operating system, etc.). D-TECH ELECTRONIC SA does not guarantee any compatibility and cannot be held responsible if you are unable to consult and/or use all or part of the Website, for whatever reason.
Consequently, it is up to you to provide yourself with the necessary computer resources, and possibly human resources, to ensure your connectivity with the Website.
3.2. The Website is offered for information purposes only. You are only granted the right to consult the Website and its contents on a personal basis. As such, you are granted a personal licence to use the Website and its content, which is non-transferable and exclusively limited to personal use. The duration of the user licence is limited to the duration of your access to the Website.
Any commercial use of the Website is strictly prohibited. The term “commercial use” refers to any sale or rental of the various features of the Website or of the affiliations or registrations on the Website, or to any use of the Website and its components with the sole purpose of generating advertising or other income, or more generally the organisation of acts of unfair competition or practices contrary to the honest practices to the attention of D-TECH ELECTRONIC SA and/or the Website. This list is not exhaustive.
You are also strictly prohibited from modifying, reproducing, renting, borrowing, selling, distributing, or creating derivative works based in whole or in part on the materials on the Website. You may not (and you may not grant permission to others to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to source, sell, assign, sub-license or otherwise transfer any rights in the Website and its contents, including but not limited to any rights in software.
3.3. As part of your access to the Website or its contents, you expressly prohibit, in any way and regardless of the technical means used: attempting to gain access to parts of the Website that are not publicly available online; modifying the Website;
do any act that may at any time impair the proper functioning of the Website in any way;
use any (automatic) system, such as, but not limited to, ‘robots’, ‘spiders’, ‘off-line readers’, etc., to create access to the Website in such a way that more messages are sent to the Website than is feasible for a person to do with normal (manual) handling and a normal web browser. The term “messages” includes questions and requests, answers and entries to competitions, votes, any interaction with another user of the Website etc., even if you are responding to a request made on the Website (e.g. an entry to a competition);
post, upload, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, abusive, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racist, or otherwise objectionable;
consult, post, upload, send or transmit any content that is contrary to international laws in force; attempt to mislead other users by usurping the name or company name of other persons;
upload, post, email or otherwise transmit any infringing content, patent, trademark, trade secret, intellectual property right or other proprietary right belonging to others;
upload, post, e-mail or otherwise transmit any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
commit any action that has a disruptive effect on the ability of other users to access the Website;
interfere with or disrupt the service, servers, networks connected to the service, or refuse to comply with any requirements, procedures, policies or regulations applicable to 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.
Finally, you agree to take all reasonable and necessary precautions to ensure that your equipment or data is not infected with viruses, bugs, Trojan horses, or other malicious computer programs of any kind.
3.4. In order to access or use certain parts of the Website, you must register. When registering, you agree to provide accurate, current, and complete information and to update it regularly. If you do not, D-TECH ELECTRONIC may suspend or terminate your account, or deny you access to all or part of the Web Site or its content.
Keep your login and password secret and do not share them with third parties. You are solely responsible for the confidentiality of your password and for any use that may occur without your knowledge. If you have any doubts about the confidentiality of your password, it is your responsibility to change it immediately or to notify D-TECH ELECTRONIC SA as soon as possible by registered mail to: D-TECH ELECTRONIC SA, rue Hector Denis 114, 4420 Montegnée, 04/372.07.16.
In accordance with article 5.1 below, each member or registered user is responsible for his or her registration or membership and for any abuse or damage resulting therefrom. D-TECH ELECTRONIC SA shall not be liable for any misuse of the registration or membership, login and/or password.
You also agree to be liable to any person, and in particular to the persons represented, in any manner whatsoever, for any content that you publish either on the Web Site or through the Web Site.
Intellectual property
4.1. 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 general, the content as well as the structure of the Web Site, belong to, are and remain the exclusive property of D-TECH ELECTRONIC SA and are protected by various intellectual and/or industrial property rights (including copyright, trademark law, sui generis right of the producer of a database, etc.), which you acknowledge and agree to be bound by.), which you acknowledge and accept. By surfing on or consulting the Website, registering, becoming a member, creating a passport, downloading the files, consulting the Website or using its content in any way whatsoever, you do not become the owner of any of the rights referred to above or of any similar rights.
D-TECH ELECTRONIC SA guarantees that the elements present on the Website and made available to you respect the rights of third parties, and in general are not illicit. Under no circumstances shall D-TECH ELECTRONIC SA be held responsible for the information presented on the Website. Furthermore, D-TECH ELECTRONIC SA does not give any warranty of non-infringement, merchantability or fitness for a particular purpose whatsoever of the information on the Web Site.
4.2. The partial or total reproduction, distribution, sale, sharing, publication, adaptation and/or use, in any form and in any way, of the Website and its content is strictly prohibited. The storage of any information and/or elements of the Website in an (electronic) database is not permitted, with the exception of the automatic retrieval of information by the browser.
4.3. By placing certain data, texts, images and/or any other element online, you automatically grant D-TECH ELECTRONIC SA the exclusive right 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 D-TECH ELECTRONIC SA,
free of charge.
Responsibility
5.1. General
Consultation and use of the Web Site, of any kind and with any technical means whatsoever, always takes place under your own responsibility. In general, D-TECH ELECTRONIC SA cannot be held liable in any way to the user and/or third parties for any damage suffered by the latter, of any nature whatsoever (direct, indirect, collateral damage, etc.), for loss of earnings, for the loss of data, for the loss of information, for the loss of data, for the loss of data, for the loss of data, for the loss of data, for the loss of data, for the loss of data, for the loss of data.), loss of profit, loss of data, loss of opportunity or any damage caused by negligence or oversight in the provision, operation and offer of the Website, including all its parts and/or possible damage caused to the user and/or third parties.
5.2. Accessibility
D-TECH ELECTRONIC SA is generally bound by an obligation of means. D-TECH ELECTRONIC SA shall in no event be liable for any direct or indirect damages you may incur while using the Website, the sites linked to it, and/or the content made available to you. Similarly, D- TECH ELECTRONIC SA is only liable for its wilful misconduct or gross negligence. It shall not be liable for the wilful misconduct or gross negligence of its employees, principals and, in general, of its agents.
D-TECH ELECTRONIC SA uses its best efforts to ensure that the Website remains accessible for a normal number of users at all times. If the number of users present on the Website at the same time is particularly high, D-TECH ELECTRONIC SA cannot guarantee optimal functioning and access to the Website and its content.
D-TECH ELECTRONIC SA is also not responsible for contacts and relationships between users of the Website.
D-TECH ELECTRONIC SA also does not guarantee the compatibility of the files that are part of, or appear on, the Website with your equipment, nor the accessibility of these elements.
You will also hold D-TECH ELECTRONIC SA harmless from 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 intrusion by any third party into the web server or the Website of D-TECH ELECTRONIC SA; introduction of a computer virus into the web server or the Website;
temporary congestion of the bandwidth;
interruption of the Internet connection service for a reason beyond the control of D-TECH ELECTRONIC SA.
You agree that the features offered through the Website may change. Thus, some will be deleted and others added, without you being able to consider that access to a particular feature constitutes a vested right. Likewise, D-TECH ELECTRONIC SA will decide whether to include or delete any content presented on the Website.
D-TECH ELECTRONIC SA reserves the right, at any time and for any reason whatsoever, to modify or interrupt temporarily or permanently all or part of the access to the Website without having to inform you 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 shall also apply if D-TECH ELECTRONIC SA has reason to believe that you have violated, or acted inconsistently with, these General Terms and Conditions or any other legal provision in force at the time of the violation.
D-TECH ELECTRONIC SA shall not be held liable for any direct or indirect damage related to a modification, suspension or interruption of access to the Website, for whatever reason.
Finally, you acknowledge and accept 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. You also acknowledge and accept the risks of storing and transmitting information by electronic or digital means. You acknowledge and agree that D-TECH ELECTRONIC SA shall not be liable for any damage caused by the use of the Web Site (as well as all or part of its content) or the Internet, as a result of the aforementioned risks. You further acknowledge and agree that the electronic communications exchanged and the backups made by D-TECH ELECTRONIC SA may be used as evidence.
5.3. Data
D-TECH ELECTRONIC SA uses its best efforts to ensure that the data and documents that are 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, D-TECH ELECTRONIC SA does not give any guarantee in this respect. D-TECH ELECTRONIC SA shall also not be held liable in any way for any damage and/or loss of any nature whatsoever resulting from the use, consultation and/or downloading of any element of the Website. D-TECH ELECTRONIC SA shall not be held liable for any damage of any nature whatsoever resulting from decisions taken on the basis of any data and/or information on the Website. D- TECH ELECTRONIC SA also has the right to modify at any time the information or data published on the Web Site.
5.4. Links
The Website may contain links to other websites over which D-TECH
ELECTRONIC SA has no technical or content control. D-TECH ELECTRONIC SA therefore 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 consulting and/or using these websites in any way whatsoever. You are solely responsible for the decision to activate these links. It is therefore up to you to decide for yourself whether it is appropriate for you to visit these sites.
No hypertext link may be created to or from the Website without the prior and express consent of D-TECH ELECTRONIC SA.
5.5. Viruses
Although D-TECH ELECTRONIC SA uses its best efforts to keep the Web Site free of bugs, viruses, trojan horses and spyware, it cannot be excluded that they may still occur. D-TECH ELECTRONIC SA shall not be held liable for any damage and/or loss resulting therefrom. D-TECH ELECTRONIC SA strongly advises you to install the necessary firewall, anti-virus and other protective software to prevent possible damage to your computer. Thus, if you notice the presence of any of the above- mentioned elements on the Website, you are invited to communicate them to the webmaster so that the necessary measures can be taken.
5.6. Messages
Messages of any kind (mail, tips, links, messages, announcements, reactions, communications, forum discussions, chats, etc.) may be recorded by third parties on the Web Site. D-TECH ELECTRONIC SA reserves the right to immediately suspend and/or terminate, without prior notice or justification, part or all of these services. D-TECH ELECTRONIC SA shall not be held liable for any loss resulting therefrom. Since these messages come from third parties, D-TECH ELECTRONIC SA cannot be held responsible in any way for any damage resulting from them, nor for any errors in their content. All texts, data, photos, videos, messages or other materials placed in these messages are the sole responsibility of the person from whom the data originated. If you place a message of any kind or any other form of information, data and/or opinion on the Website, you undertake to use only information (images, photos) that does not conflict with the intellectual rights of third parties (copyright, image rights, etc.), nor with standards and good morals, nor with any legal provision. You therefore expressly indemnify D-TECH ELECTRONIC SA against any claim or action brought by third parties based on the content you have placed on the Web Site.
Privacy
The protection of your personal data is a constant concern for D-TECH ELECTRONIC.
Please find below the set of rules and guidelines that we impose on ourselves to protect them. Please read them carefully. WHAT YOU NEED TO KNOW FIRST
D-TECH ELECTRONIC SA (hereinafter “D-TECH ELECTRONIC”, “we”) is established at the following address
Rue Hector Denis 114, 4420 Montegnée (BE), 04/372.07.16. This Privacy Policy applies to the website www.domestia.be.
This document is also applicable to the B2C and B2B activities developed on our site.
IF YOU CANNOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES OF D-TECH ELECTRONIC.
6.1. Personal data: general principles
Compliance with the law D-TECH ELECTRONIC is committed to protecting your personal data and makes every effort to comply with the most demanding provisions applicable in the European Union and in Belgium (law of 25 May 2018)
Data controller
D-TECH ELECTRONIC is the data controller for personal data in accordance with the European Directive EC 95/46. The Commission for the Protection of Privacy is the supervisory body in Belgium and is located at Rue Haute 139 – 1000 Brussels.
D-TECH ELECTRONIC undertakes not to sell
the personal information collected under any circumstances.
Use of personal data
We process your personal data to manage your order and to provide you with the services you expect from us. We also use non-personal data for statistical purposes.
Prior Consent – Direct Marketing
We may also keep you informed of offers relating to our products by post, e-mail or telephone. In these and all other cases of direct marketing, we will ensure that we obtain your prior consent as required by law.
Right to correct or delete your personal data
You may contact us at any time with any questions regarding the protection of your personal data. You may also ask us at any time to review the personal data you have submitted to us and request that we correct or delete it within a reasonable period of time, free of charge. Consent
When you submit your personal data to us, the technological interface of the site is configured in such a way as to allow you to acknowledge and agree to the terms of the Privacy Policy.
Security
We make every effort to protect your personal data. However, you should be aware that data transmission over the Internet is inherently insecure. We therefore cannot guarantee the security of data transmitted over the Internet.
6.1.2. Personal data: additional description
Information collected
# We have the right to collect, store and process the following personal data: information about your computer and your visits to the site
information relating to any transactions carried out between you and us through the D-TECH ELECTRONIC website.
# information that you provide to us for the purpose of registering with us.
# information you provide in order to subscribe to services offered by D- TECH ELECTRONIC sites such as email notifications and other newsletters
# any other information you choose to provide to us, including credit card information and other personal information necessary to fulfill your orders
6.2. Cookies
We use cookies on D-TECH ELECTRONIC websites. A cookie is a file sent by a server to a browser. The file is then sent back to the originating server whenever the browser displays a page from that server.
This allows the server to identify and track the browser’s Internet activity. We may send this type of file to your browser which will store it on your hard drive.
We use the information obtained to administer our website and to improve its navigability.
In a commercial context, we may also use this information to track your visits to our site so that we can personalise the site according to your profile (choice of languages, shopping preferences, usual payment method, etc.).
It should be noted, however, that most browsers allow you to refuse cookies.
Such a refusal will have a negative impact on the navigability of many sites, including D-TECH ELECTRONIC sites.
6.3. Use of your personal data
Personal data provided to D-TECH ELECTRONIC may be used in the precise framework delimited by this Privacy Policy.
# We reserve the right to use your personal data : to administer the D- TECH ELECTRONIC website
# to improve your browsing experience on our site, if necessary by customising it
# to improve access to the services available on our site
# to send you the goods and services ordered on our site and to send you the corresponding invoices
# to collect payments
# to send you commercial (non-marketing) communications
# to send you e-mail notifications that you have specifically requested
# to send you our newsletter and other marketing communications relating to D-TECH ELECTRONIC that we consider may be of interest to you
by post and, where you have given your prior consent, by e-mail or similar technology (you can inform us at any time that you no longer wish to receive marketing
communications via our contact form.) #
to provide third parties with statistical information about our visitors (note that this information does not identify you individually)
# to respond to any queries or complaints you may have
6.4. Other use
Beyond the use reasonably necessary for the purposes identified in this Privacy Policy, we may also provide information about you # to the extent required by law
# in connection with or in connection with certain legal proceedings
# to defend and exercise our rights including disclosure of personal data to third parties for fraud prevention and credit risk reduction purposes
# to the purchaser or potential purchaser of any Domestia business unit, activity or part of an activity that we may be prepared to dispose of
6.5. Securing your personal data
Encryption technology Since there are
always risks associated with the communication of personal data whether this is done in person, by telephone, or via the Internet, and since no technological security system is immune to hacking, D-TECH ELECTRONIC undertakes to take all appropriate action to prevent and minimize the risks of unauthorized access, the risks of inappropriate use or the risks of any error relating to personal data.
Physical and logical protection of personal data
D-TECH ELECTRONIC takes appropriate technical and organisational measures to protect personal data from accidental or unlawful destruction or loss, improper use, unauthorised access and disclosure, or alteration or destruction. D-TECH ELECTRONIC requires its own service providers and other third parties who contribute to the provision of D-TECH ELECTRONIC’s services to make the same commitment to protect the personal data concerned.
Minors
Minors who transmit personal data to D-TECH ELECTRONIC are deemed to have done so with the consent of a parent or legal representative in the same way as minors who make a purchase or perform any legal act on D-TECH ELECTRONIC websites are deemed to have done so with this same consent, unless specifically prohibited by the applicable law
6.6. External Hyperlinks
To simplify the navigation of visitors, D-TECH ELECTRONIC may include hyperlinks to third-party sites.
If you make use of these hyperlinks, it is necessary that you review the Privacy Policy before giving your consent.
However, you acknowledge that D-TECH ELECTRONIC has no control over the content of these external sites and therefore cannot assume any responsibility for their content or for the processing of personal data on them.
6.7 Modification of the Privacy Policy
D-TECH ELECTRONIC reserves the right to modify this document at any time.
Similarly, D-TECH ELECTRONIC reserves the right to change the content of its web pages or to prohibit access to them at any time and without prior notice.
D-TECH ELECTRONIC will notify you of any such changes by immediately posting the amended version of this Privacy Policy on its website.
You are responsible for regularly checking for any changes to the Privacy Policy.
Regular use of the D-TECH ELECTRONIC website indicates your consent to any changes.
Various
7.1. Hyperlinks
Hyperlinks and/or deep links to the Website are only permitted after receiving the express permission of D-TECH ELECTRONIC SA. In any event,
after receiving such permission, each link must always refer to the home page of the Website.
7.2. Spam
D-TECH ELECTRONIC SA does not send spam. If you receive an e-mail or newsletter from D-TECH ELECTRONIC SA, it is in response to your request or query. However, if you have received unwanted e-mails from D-TECH ELECTRONIC SA, you can report this to us and we will react as quickly as possible so that you do not receive this type of e-mail again.
Final provisions
8.1. Force majeure
D-TECH ELECTRONIC SA may not be held liable, either contractually or extra-contractually, in the event of temporary or definitive non- performance of its obligations when such non-performance is the result of force majeure or fortuitous events.
The following events shall be considered as force majeure or fortuitous events 1) the total or partial loss or destruction of D-TECH ELECTRONIC SA’s computer system or its database when either of these events cannot reasonably be directly attributed to it and it is not shown that D-TECH ELECTRONIC SA failed to take reasonable measures to prevent either 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 stoppage in the supply of energy (such as electricity), 12) a failure of the Internet network or the data storage system, 13) a failure of the telecommunications network, 14) a loss of connectivity to the Internet network or to the telecommunications network on which D-TECH ELECTRONIC SA depends, 15) an act or decision of a third party where such decision affects the proper performance of this contract, or 16) any other cause beyond the reasonable control of D-TECH ELECTRONIC SA.
If, due to circumstances beyond the control of D-TECH ELECTRONIC SA, the performance of its obligations cannot be continued or is simply made more onerous or difficult, D-TECH ELECTRONIC SA and the user undertake to negotiate in good faith and in good faith an adjustment of the contractual conditions within a reasonable period of time with a view to restoring 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.
8.2 Illegality
The possible illegality or invalidity of an article, paragraph or provision (or part of an article, paragraph or provision) shall not affect in any way the legality of the other articles, paragraphs or provisions of this contract, nor the remainder of such article, paragraph or provision, unless the contrary intention is evident in the text. If any part of these general terms and conditions is deemed to be completely invalid, D-TECH ELECTRONIC
SA shall replace it with a provision that comes as close as possible to the economic effect of the provision declared invalid.
8.3. Headings
The headings used in these General Conditions are for reference and convenience only. They do not affect the meaning or scope of the provisions they refer to.
8.4. Entirety and completeness of agreement
These terms and conditions and any contract (including a subscription agreement), where applicable, represent the whole and entire agreement between the parties. No statement, representation, promise or condition not contained in these terms and conditions can or shall 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 (including a subscription contract), where applicable, supersede any previous agreement between the parties and apply to any new agreement.
8.5. Disputes
Any dispute relating to the services provided by D-TECH ELECTRONIC SA as well as any dispute as to the validity, interpretation or execution of these general terms and conditions shall be subject to Belgian law and to the exclusive jurisdiction of the courts of the judicial district of Liège.
8.6. Questions If you
have any questions regarding this disclaimer, you can always send an e- mail to info@domestia.be or write to D-TECH ELECTRONIC SA, rue Hector Denis 114, 4420 Montegnée (BE) – 04/372.07.16