Our website should always be used in accordance with the rights and obligations that are clearly stated on the website and the rights and obligations that are set out in the Disclaimer, the Sales Terms and the Privacy Statement. The entirety of these texts are our General Terms and Conditions.
These General Terms and Conditions apply to us, Mertens & De Paepe, as well as to you, the User. As soon as you use our website, you acknowledge and explicitly accept that our General Terms and Conditions apply and that the General Terms and Conditions are fully waived.
In exceptional cases, we may deviate from the General Terms and Conditions, provided that these deviations are recorded in writing and accepted by all parties. These deviations only apply to replace or supplement the clauses to which they relate and have no effect on the application of other provisions from the General Terms and Conditions.
1. Who are we?
The website www.mertens-depaepe.be is an initiative of:
Mertens & De Paepe
Westrem Building Kortrijksesteenweg 1144 G , 9051 België
Phone: +32(0)9 223.90.0
Feel free to contact us if you have further questions or comments; we promise you a quick answer!
2. Our website
- Proper operation, safety and accessibility
You can rely on it: we offer a user-friendly website that is safe for every user. That’s why we take all reasonable measures necessary to guarantee the proper functioning, security and accessibility of our website. Yet we can not give you absolute guarantees and we must consider our measures as an obligation of means.
Each time you are using the website, it’s at your own risk. This means that we bear no liability for damage resulting from malfunctions, interruptions, harmful elements or defects to the website, regardless of the existence of an external cause or force majeure.
We have the right to restrict access to our website at any time and/or interrupt it completely or partially, without prior warning. In principle, we only do this when circumstances justify it, but this is not an absolute condition.
- Content on our website
The content of the website is largely determined by us and we take the greatest care to this content. This means that we take the necessary measures to keep our website as complete, accurate and up-to-date as possible, even when content is provided by third parties. The content on our website can be changed, supplemented or removed at any time.
Nevertheless, we can not give any guarantees regarding the quality of the information on our website. It is possible that information is not complete, sufficiently accurate and / or useful. We are therefore not liable for (direct and indirect) damage that the User suffers as a result of the information on our website.
In the event that certain content on our website constitutes a violation of the applicable legislation and/or a violation of the rights of third parties and/or is simply unacceptable, we ask you to report this to us as soon as possible so that we can take the appropriate measures. This way we can proceed to a partial or complete removal and / or adjustment of the content.
Our website features content that can be downloaded. Every download of our website is always at your own risk. We are not liable for this download and damage as a result of a loss of data or damage to the computer system is entirely and exclusively under the responsibility of the User.
Specifically for prices and other information about products on the website, there is a reservation regarding obvious programming and typing errors. The User can not claim a settlement with Mertens & De Paepe on the basis of such errors.
- What we expect from you as a User
The User also has a certain responsibility when using our website. The User must always refrain from actions that may have a harmful impact on the proper functioning and security of the website. For example, the website may not be used to bypass our business model and/or to collect information from other Users on a large scale.
It is therefore not permitted to use our website for the distribution of content that may cause damage to other Users of the website, such as the distribution of malicious software such as computer viruses, malware, worms, Trojans and cancelbots. The distribution of unsolicited and / or commercial messages via the website, such as junk mail, spamming and chain letters, also falls under this provision.
We reserve the right to take all necessary actions that may result in recovery for us and for our Users, both on a judicial and extra-judicial level. The User is solely and personally responsible in full if his/her actions and behaviours effectively cause damage to the website and the other Users. In that case, he must release Mertens & De Paepe from any claim for damages that follows.
3. Links to other websites
The content of our website may include a link, hyperlink or framed link to third-party websites or other forms of electronic portals. A link does not automatically mean that there is a link between us and the third-party website, nor that we (implicitly) agree with the content of these websites.
We do not control these third-party websites and are not responsible for the safe and correct operation of the link and the final destination. As soon as you click on the link, you leave our website and you can no longer hold us liable for any damage.
It is possible that third-party websites do not offer the same guarantees as we do. We therefore recommend that you read the General Terms and Conditions and the Privacy Statement of these websites carefully.
4. Intellectual Property
Creativity deserves protection, including our website and its content. The protection is provided by intellectual property rights and accrues to all entitled parties, being Mertens & De Paepe and third parties. By content is understood the very broad category of photos, video, audio, text, ideas, notes, drawings, articles, etcetera. All this content is protected by copyright, software law, database law, graphic and design rights and other applicable (intellectual) property rights. The technical nature of our website itself is protected by copyright, software law and database law. Every trade name that we use on our websites is also protected by the applicable trade name right or trademark right.
Every User has a limited right of access, use and display of our websites and their content. This granted right is non-exclusive, non-transferable and can only be used within a personal, non-commercial framework. We therefore ask our Users not to make use of and / or to make changes to the items protected by these rights, without the consent of the owner. Mertens & De Paepe attaches great importance to its intellectual property rights and has taken all possible measures to ensure their protection. Any infringement of the existing intellectual property rights will be prosecuted.
5. Processing of personal data
The information you provide is necessary to process and complete the orders, and to prepare invoices and guarantee contracts. A minimum of data is required for each order. Further information may be requested in function of the personalization of the order. If the basic data is missing, the order will inevitably be cancelled. The Buyer's personal data will only be processed in accordance with the Privacy Statement to be consulted via our website.
6. General provisions concerning the General Terms and Conditions.
We reserve the right to change, expand, limit or discontinue our website and associated services at any time. This is possible without prior notification to the User and does not give rise to any form of compensation.
These General Terms and Conditions (including the Sales Conditions) are exclusively governed and interpreted in accordance with Belgian Law. All disputes related to or arising from offers from Mertens & De Paepe, or agreements concluded with it, shall submitted to the competent court in the judicial district of Ghent.
If the operation or validity of one or more of the above provisions of these General Terms and Conditions is compromised, this shall not affect the validity of the remaining provisions of this agreement. In such a case, we have the right to change the provision in question into a valid provision of similar scope.