General Terms and Conditions of Use
This Website trades under the name 'PrimaDonna' and is managed by the limited company Van de Velde (hereafter 'us'/ 'our'/ 'we'/ 'the Seller'), with registered address at Lageweg 4, 9260 Schellebelle, Belgium. We are registered at the Crossroads Bank for Enterprises under company number 0448.746.744 and with VAT number 448.746.744. You can contact us via email at email@example.com or by telephone on +32 (0)9 365 21 00. These are the general terms and conditions (together with any document to which this text refers) (hereafter the 'General Terms and Conditions') which are applicable to the use of this Website. We ask you to carefully read these General Terms and Conditions, to ensure that you fully understand them and agree with them. By using this Website, you agree to be bound by these General Terms and Conditions, including our Privacy Statement. The General Terms and Conditions can be amended at any time.
2. LIABILITY AND DISCLAIMERS
Notwithstanding the fact that Van de Velde uses great accuracy when creating and maintaining this Website, Van de Velde cannot give explicit or implicit guarantees of any nature regarding the Website and its content. Specifically, Van de Velde cannot guarantee that the information contained in this Website is correct, accurate and complete, suitable for a specific purpose or up to date. Van de Velde may change or remove information on this Website at any time without prior notification.
Except when legally forbidden, Van de Velde rejects any explicit or implicit guarantee regarding the marketability, satisfactory quality or suitability for a specific purpose, compatibility, protection, accuracy and non-infringement of intellectual property rights. Neither Van de Velde, nor any of its licences, licensors, service providers or suppliers guarantee that this Website or any function on this Website will function without interruption or defect, that defects will be corrected or that this Website or the servers which give access to this Website are free of viruses or other damaging elements. Furthermore, Van de Velde cannot be held liable for any damages which occur or which apparently are related in any way to the access to or use of this Website, including any damage caused to your hardware or software, including viruses which infect your hardware or software as a result of the access to or use of this Website. The use of suitable anti-virus software is exclusively your responsibility. You explicitly accept (in the broadest sense of the word in the legislation), that Van de Velde cannot be held liable for any direct, indirect, incidental, exceptional or consequential damages. If you are unsatisfied with any part of the Website or cannot accept any of the provisions of these General Terms and Conditions, your only option is to stop using this Website.
3. SELECTION OF RETAIL BUSINESSES IN THE 'STORE LOCATOR' ('WHERE FOR SALE?'/'POINTS OF SALE')
The Website visitor can search which shops in his area distribute the Van de Velde brands in the 'Store Locator' module, which can be found under 'Where for sale?' (Marie Jo) or 'Points of sale' (PrimaDonna). He/she does this by entering his/her postcode or place of residence. On the basis of distribution density and geographical location of the shops a selection is made in accordance with the following automated criteria:
If there are 10 or more results in the town or municipality entered: all shops in the town or municipality are returned. The radius of the search is not expanded.
If less than 10 points of sale exactly correspond with the search entered, the radius of the search entered is expanded to the surrounding region. The radius starts at 9 km around the search, and is increased by 5 km at a time. The expansion of the radius of the search stops when there are 5 or more results (including the 'exact' results) or when the radius is equal to or greater than 50 km.
The radius of the selected region expresses distances as the bird flies, and identifies all various postcodes which fall within the area. All shops which are registered in the central customer management of Van de Velde with one of these postcodes is shown (even if they, in the strictest sense, geographically fall outside the radius given).
Van de Velde strives to only show the shops with a minimum offer of its products in the 'Store Locator'. Furthermore, it wants to give the consumer an indication of the measure in which its products are present at every shop. The criteria on which this valuation is based are objective and unambiguous, and are formed by a combination of breadth and depth of the offer.
The exact nature of these criteria has been communicated to the customers of Van de Velde, who can request the detailed figures on which their valuation is based at any time. In view of the confidentiality of these figures, no exact figures, nor the numerical and detailed valuation of a certain shop on the basis of these criteria are made public.
4. INTELLECTUAL PROPERTY RIGHTS
By using this Website you recognise that it contains texts, layout, photographs, illustration, drawings, graphic element and other elements ('Content') protected by author's rights, database rights, brands, trade secret and or other property rights. All Content is protected by the applicable legislation regarding copyright, which is also applicable to the copy rights of Van de Velde regarding the selection, coordination, classification and improvement of such Content. By using this Website you recognise that it contains texts, layout, photographs, illustration, drawings, graphic element and other elements ('Content') protected by author's rights, database rights, brands, trade secret and or other property rights. All Content is protected by the applicable legislation regarding copyright, which is also applicable to the copy rights of Van de Velde regarding the selection, coordination, classification and improvement of such Content.
Commercial partners, suppliers, advertisers, sponsors, licensor, co-contractors and other third parties may have property rights to the Contents which they make available on this Website. The Content of the database is also protected by the exclusive right of the author of the database, on the basis of which this author can prohibit the acquiring and/or reuse of all or part of the Content of the database.
The reproduction, adaptation, changing, translation, distribution, transfer, publication, display, licencing, use for the production of derivative works or other use of all or part of the Content in any form and by any means is equally prohibited without prior written permission of Van de Velde.
Unless determined otherwise, Van de Velde allows a non-exclusive, not transferable and limited right to access, use and reproduction of this Website and its Content for your personal, non-commercial use, subject to the provisions of these General Terms and Conditions. You do not derive any property rights from the display of the Content on your computer. The change or use of the Content for other purposes, especially the use of the Content in printed form, on another website or network environment is strictly prohibited without prior permission of Van de Velde.
By using this Website you agree not to use automatic means or manual procedures to control or copy the pages of this Website or any Content of this Website. You undertake not to use means, software or processes to prevent or to try to prevent the good functioning of this Website. You also undertake not to undertake any actions which could generate an unreasonable or disproportional heave load on the infrastructure of this Website.
5. BRANDS, TRADE NAMES AND LOGOS
All names, logos and other signs used on this Website, including the names 'Rigby & Peller', 'Marie Jo', 'Marie Jo L'Aventure', 'Andres Sarda', 'PrimaDonna Twist' and 'PrimaDonna', are legally protected brands and/or trade names of Van de Velde, associated companies or third parties. Any use of these or similar signs without prior written permission of Van de Velde or of the owner of the rights is prohibited.
This Website may provide hyperlinks to other websites which are perceived as potentially interesting for you, but which are partly or fully the property of, controlled by or managed by a third party. Such links are only provided for your comfort and information.
Van de Velde does not verify the content of these external websites and if you choose to click on these hyperlinks you do so at your own risk. Van de Velde has no liability regarding these external websites. The fact that Van de Velde provides a link to a website of a third party does not constitute an approval, recommendation or financing thereof by Van de Velde or associated companies for such a third party. Any mention of the Products or services of a third party is solely for your comfort and information and does not constitute the approval or recommendation of such Products or services by Van de Velde. Van de Velde can also not be held liable for future changes to the linked websites.
Links to this website are prohibited subject to prior and written permission by the limited company Van de Velde.
You undertake to indemnify, compensate, and at the request of Van de Velde, to defend Van de Velde, its directors, employees, shareholders, agents and representatives for and against all claims by third parties and/or costs (including but not limited to reasonable legal fees and solicitors' costs) resulting from the incorrect use of our Website, your infringement of these General Terms and Conditions or any other infringement of a user or an intellectual property right or any other right of a person or entity.
8. OTHER PROVISIONS
If a provision of these General Terms and Conditions is illegal, invalid or non-enforceable for any other reason, these General Terms and conditions must be interpreted as if the illegal, invalid or non-enforceable was never included, and Van de Velde will have the right to remove this provision from these General Terms and Conditions without any effect on the validity or enforceability of the other provisions. These General Terms and Provisions constitute the entire agreement between you and Van de Velde regarding the Content. For any questions or concerns you can contact Van de Velde with the use of the contact details above.
All notifications which you wish to send us must be sent to the contact details above. We will answer you by email or by post to the postal address that you provided when placing your order. Notifications are deemed to have been received and properly delivered 24 hours after the sending of an email or three days of the date of sending a letter, unless otherwise stated (because of closing days of the head office). To prove that a statement and/or complaint was made, it suffices to prove that, in the case of a letter, such a letter was properly addressed, stamped and posted, and in the case of an email, that such email was sent to the email address provided of the person addressed.
10. APPLICABLE LAW AND COMPETENT COURTS
These General Terms and Conditions are governed by Belgian law and every Contract established through this Website will be governed by Belgian law, without prejudice to applicable mandatory law provisions. For any dispute arising through the use of this website and these General Terms and Conditions, the exclusive competent courts are those of Dendermonde, Belgium. The European Commission has established an online platform for 'mutual consultation and dispute resolution', which you can consult via the link http://ec.europa.eu/odr/. We are prepared to take part in an extrajudicial dispute resolution. The competent authority is the Consumer Ombudsman (https://www.consumentenombudsdienst.be/nl).