Article 1. Scope
1.1 Unless explicitly stated otherwise in writing by Valérie Berckmans SPRL, these terms shall apply to all sales contracts effected between Valérie Berckmans SPRL, established at 1030 Brussels (Belgium), Rue des Pâquerettes 110, with company number 0896.894.860 (hereinafter: “Valérie Berckmans”) and the customer via its website www.valerieberckmans.be as well as to all offers made by Valérie Berckmans by way of its website. 1.2 Unless confirmed in writing by Valérie Berckmans, these terms shall have precedence over any purchase conditions of the customer, even if not explicitly rejected by Valérie Berckmans.
Article 2. Abuse of law, bad faith
2.1 In the case of a reasoned suspicion of Valérie Berckmans of abuse of law or bad faith on the part of the customer, Valérie Berckmans has the right to cancel the contract at the expense of the customer, without prejudice to the right of Valérie Berckmans to claim damages for the loss suffered as a result of the abuse of law or bad faith. 2.2 Valérie Berckmans is also entitled in the event of a reasoned suspicion of abuse of law or bad faith on the part of the Customer to close the account of the customer in which case the customer shall no longer be able to place orders via the website.
Article 3. Protection of personal data
3.1 The personal data supplied by the customer in the context of his/her purchase shall be processed in accordance with the Privacy Protection Act of 8 December 1992 in respect of the processing of personal data. 3.2 Valérie Berckmans undertakes to use the obtained personal data solely with a view to fulfilling its obligations towards the customer in the context of the sales contract referred to in article 1, as well as to keep the customer informed of offers and promotions of Valérie Berckmans, and shall use these data each time in accordance with the confidentiality required for such data.
Article 4. Intellectual property
4.1 The Customer declares to have been informed that the content of the Valérie Berckmans websites protected by various intellectual property rights. Subject to express written permission by Valérie Berckmans the reproduction of the whole or part of the content of the website is prohibited. 4.2 Notwithstanding article 4.1, the Customer is entitled to print a copy for personal use of the pages that are relevant in respect of his/her purchase.
Article 5. Liability
5.1 Valérie Berckmans shall not accept any liability for damage to software of the customer or loss of data by the customer that may be related to the use of the on-line web shop, nor for any fact resulting from such loss such as, without limitation, financial or commercial losses, increase of expenses, disruption of planning or payments claimed by third parties. 5.2 Valérie Berckmans shall accept no liability for the accuracy of the information available in the on-line web shop. 5.3 Valérie Berckmans aims to ensure maximum availability of the web shop, without, however, guaranteeing its availability in any way. Under no circumstances may Valérie Berckmans be held liable for the web shop not being available. 5.4 In any event, the liability of Valérie Berckmans in respect of the sales contract and the use of the web shop is limited to the amount of the purchase made.
Article 6. Furnishing of proof
6.1 The parties mutually agree that they may supply proof of the conclusion of their contracts and the modalities thereof as well as the fulfilment and termination thereof by way of electronic data, including the log-in data of the website and electronic messages.
Article 7. Applicable law and jurisdiction
7.1 The sales agreement between the Customer and Valérie Berckmans shall be governed by Belgian law. 7.2 In the event of a dispute only the courts of Brussels or the courts of the place where the defendant has his residence have jurisdiction, at the choice of the claimant. To the extent that a dispute comes under the material jurisdiction of the Justice of the Peace, only the Justice of the Peace of Brussels or the courts of the place where the defendant has his residence shall