Article 1 – Information about DANDOY
1.1. Publisher of the Website
The website https://maisondandoy.com (hereinafter, the "Website") and its sub-domains, referred to as "DANDOY", are managed and operated under the responsibility of the company BISCUITERIE DANDOY SA (hereinafter "DANDOY"), having registered office at 31 Rue au Beurre in 1000 Brussels (Belgium), registered with the Crossroad Bank for Enterprises under number 0441.923.189.
Any questions or complaints regarding the Website or these general conditions of use (hereinafter the "Conditions") may be addressed to DANDOY at the address mentioned above, or to the following email address: firstname.lastname@example.org (or at the following phone number: +32 2 511 03 26).
Access to and use of the Website are subject to these Conditions, to the Privacy Charter, the General Conditions of Sale, as well as applicable laws and regulations. Consequently, access to and use of the Website implies the full and unreserved acceptance by the internet user of these Conditions, the Privacy Charter and the General Conditions of Sale.
Without prejudice to the General Conditions of Sale, these Conditions, as well as the Privacy Charter, exclusively govern the relationship between any user of the Website (hereinafter, the "User") and DANDOY, relating to the use of the Website. They supersede all other general conditions, documents or agreements between the parties.
The Conditions can be consulted at any time here.
DANDOY reserves the right to modify and update, at any time and without notice, these Conditions and the access to the Website as well as their content. All these modifications are binding on Users each time they access the Website. DANDOY therefore recommends consulting them regularly.
DANDOY reserves the right to suspend or terminate the Website at any time. In this case, it publishes a notice on the Website and sends a prior email.
1.4. Language versions
In the event of any discrepancies between the language versions of these Conditions, the General Conditions of Sale and the Privacy Charter, the French language version shall prevail.
Article 2 - Access to the Website and its functionalities - obligations related to the use
The Website can be consulted free of charge and freely.
The User undertakes to comply with all applicable laws, regulations and codes of conduct, and in particular to refrain from:
- publishing or sending false or misleading content or communications (and to update such content, if necessary, to ensure that it does not become false or misleading), obscene, racist or xenophobic, abusive, illegal, deceptive, invasive of another's privacy, offensive, harmful, violent, threatening or harassing, defamatory, infringing an intellectual property right or any other right, or promoting or participating in any of these things;
- soliciting personal information from other Users or provide email addresses to DANDOY or a third party without the prior consent of the persons concerned;
- disclosing or making accessible to a third party any user name, password, secret code or similar information, or using them for any purpose other than identification on the Website;
- publishing or sending content that violates the rights of a third party or in any way prejudices them or publishing or sending content about third parties without their prior consent;
- publishing or sending content that leads to illegal websites or contains inappropriate content;
- using the Website for direct marketing purposes, including prospecting, soliciting, advertising, or selling products or services or using the Website for sending unsolicited, unsolicited, pyramidal or similar or fraudulent mail;
- any action that may have the effect of disrupting the proper functioning of the Website, including in particular the use of viruses, attack software or mass mailings;
- attempting to violate unauthorized access to any part of the Website or equipment used to operate the Website;
- using the Website to harass another User or seek to contact a User who requests not to be contacted again;
- using a false name, pseudonym, or use the identity of another person or entity;
- using the Website for purposes other than those provided for in these Conditions.
DANDOY shall not be held liable in any way for any failure by the User to comply with the applicable Conditions, laws or regulations. The User guarantees DANDOY against any action, claim or complaint from third parties (including public authorities) relating to his use of the Website.
Failure to comply with the aforementioned rules exposes the User to severe civil and criminal penalties, such as those provided by the following provisions:
- Book VI of the Code of Economic Law on Market Practices and Consumer Protection, as well as Book XII of the Code of Economic Law on Certain Legal Aspects of Information Society Services, which punishes in particular the sending of unsolicited email to a fine of 250 to 50,000 euros, and
- Articles 210bis, 504c, 550bis and 550ter of the Criminal Code, inserted by the law of 28 November 2000 on computer crime, which provide:
- imprisonment from six months to five years and a fine of twenty-six euros to one hundred thousand euros or one of those penalties only in the event of forgery or computer fraud or attempt to commit one of these offences;
- imprisonment from three months to five years and a fine of twenty-six euros to two hundred thousand euros or one of these penalties only in the event of an offence against the confidentiality, integrity and availability of computer systems and data stored, processed or transmitted by these systems, or an attempt to commit any of these offences.
In addition, any User who violates the Conditions may be prohibited or suspended from accessing the Website.
The User is also required to inform DANDOY immediately in writing if he becomes aware of any inappropriate behavior in connection with the Website, or of the dissemination of any illegal, inaccurate, offensive or indecent content or any infringement of any of their rights or the rights of third parties. The email address: email@example.com should be used to report inappropriate or suspicious behavior or content.
Article 3 – Registration
The User is a natural or legal person. He is only entitled to one account and must first register via the Website in order to become a Member.
Registration is reserved for Users who are at least 18 years old and have full legal capacity. If the User resides in a jurisdiction that restricts the use of the Website or restricts the ability to enter into contracts for reasons of age, these age limits must be respected.
DANDOY reserves the right to request at any time proof of the identity and legal capacity of the User wishing to register. If the User is a legal entity, he certifies that he is authorized to do so and binds the legal entity to these Conditions.
Registration as a User results in the registration of the User's data in the DANDOY database. The data collected on this occasion is processed in accordance with the applicable legislation, in particular the Belgian law of 8 December 1992 on the protection of privacy and Regulation (EU) No. 2016/679 of 27 April 2016 (General Data Protection Regulation) ("GDPR"), as described in the Privacy Charter.).
The User guarantees that the information he communicates is accurate, up-to-date and complete. The User may at any time request that his registration be deleted. His information and Profile will then be deleted as soon as possible.
Article 4 – Obligations and responsibilities
The User undertakes to use the Website in accordance with its purpose only, to the exclusion of any other purpose. The User is responsible for ensuring that all information provided is accurate and up to date.
The User is responsible for the use of access to his account. In this regard, the User must ensure that no other person will access the Website with his password. In the event that the User becomes aware that another person is accessing the Website with his password, he shall inform DANDOY without delay by email at the following email address: firstname.lastname@example.org.
The User is entirely and solely responsible for any activity carried out using his account and DANDOY cannot be held liable for any loss or damage that the User may have suffered as a result of the unauthorized use of his password by others, even without the User's knowledge.
Article 5 – Intellectual property rights
The Website and its components (trademarks, logos, graphics, photographs, animations, videos, music, texts, etc.) are the exclusive property of DANDOY or its possible partners. They are protected by intellectual property rights (in particular copyright and related rights, trademark law, etc.) and may not therefore be reproduced, used or distributed without the prior written consent of DANDOY or, where applicable, of the right holder concerned, failing which they may constitute an offence of copyright and/or design and/or trademark infringement, punishable from three months to three years and a fine of 100 to 100,000 euros or one of these penalties only.
DANDOY hereby grants the User a non-exclusive, non-transferable, license, for an indefinite period of time and revocable at any time without stating any reason, to access, display and download the content of the Website solely for display purposes. The User may also print a copy of the content posted on the Website for his personal use, provided that he or she does not in any way alter the content of the Website and that he retains all references to the Website's authorship and origin. The User also undertakes not to bypass technical devices for the protection of documents and multimedia elements. Reproduction is therefore authorized only for strictly private purposes within the meaning of Article XI.190 5° of the Code of economic law.
Any use of the Website and its components not covered by this article is strictly prohibited.
Article 6 – Liability related to the use of the Website
6.1. Accessibility and operation of the Website
DANDOY will, as far as possible, ensure that the Website is up to date and remains accessible to a normal number of Users. However, DANDOY does not warrant that the functions of the Website are available without interruption or error, that defects are corrected or that the Website and the server that makes it available are free of viruses or other harmful components. DANDOY also retains the right to suspend or terminate all or part of the Website at any time without prior notice.
DANDOY cannot be held liable for any loss and/or damage of any kind whatsoever resulting from the suspension, interruption, (technical) disruption, slowdown, difficult accessibility and/or cessation of accessibility to all or part of the Website or viruses or other harmful elements present on the Website.
If the User notices the presence of a virus or other harmful elements on the Website, he is invited to communicate it to DANDOY at the following email address: email@example.com so that the necessary measures can be taken. In any event, DANDOY advises the User to install the necessary firewalls, anti-virus and other protective software on his computer in order to prevent any damage to it.
6.2. Use of the Website
The User uses the Website at his own risk. The Website, its components and all related information, software, facilities, installations and services are provided as is, subject to availability without warranty of any kind (neither express nor implied) and within the limits of the applicable law.
DANDOY disclaims all liability for any loss or damage (direct, indirect, tangible or intangible) resulting from the use of the Website and its components, or from the inability to use the Website.
6.3. Links to and from other websites
Hypertext links to other websites may appear on the Website. In addition, some websites may include a link to the Site. These third party sites are not controlled by DANDOY, which therefore assumes no responsibility for their operation, content and use. Unless otherwise expressly stated by DANDOY on the Website, the existence of such links does not imply any approval by DANDOY of such third party websites or the use that may be made of them, nor any association or partnership with the operators of such websites.
Article 7 – Validity of contractual clauses
DANDOY's forbearance to avail itself of any provision of the Conditions at any particular time shall not be construed as a waiver of any subsequent exercise of its rights thereunder.
The invalidity, lapse or unenforceability of all or part of any of the foregoing or subsequent provisions shall not invalidate all of the Conditions. The provision that is wholly or partially null, void or unenforceable shall be deemed to be unwritten. DANDOY undertakes to replace this provision with another that will perform, as far as possible, the same function.
Article 8 – Applicable law and competent jurisdiction
These Conditions are governed, interpreted and applied in accordance with Belgian law.
The courts and tribunals of the district of Brussels shall have exclusive jurisdiction for any dispute concerning these Conditions.