TERMS AND CONDITIONS LUNALU

Definitions

1 ° Seller: Lunalu with seat in Maldegem.

2 ° Customer: the professional customer.

3 ° Confidential information: all information and data that any party itself or one or more intermediaries during and/or for the production or sales process to one or more other parties, and which can reasonably be expected that it is confidential. This information, in any case, includes any knowledge or creation that is eligible for exploitation, transfer to companies against payment, and/or protection as know-how or through intellectual rights.

 

Intellectual property protection

ART 1

§1 All intellectual property rights relating to products or services as well as the designs, software, production process data, documentation and all other materials that are developed or used to prepare or execute the agreement between the seller and the customer, or that arise from them, are vested solely in the seller or his suppliers and producers.

§2 The delivery of products or services does not extend to any transfer of intellectual property rights.

§3 Belgian law applies to the intellectual property rights to which the seller is entitled.

 

ART 2

§1 The information, text, images, photographs, sound clips, illustrations and software on the seller's website and the design thereof enjoy the protection of intellectual property. With the exception of legal exceptions or express written permission of the seller, nothing may be reproduced, made available to third parties or made public.

§2 The word and figurative marks, marks and other distinctive signs on the website or written and digital documents of the seller are from the seller, third parties engaged by him and his licensers. It is not allowed to put one or more of these brands and logos on their own site or use them in any other way without prior written permission.

§3 The rights and obligations arising from the agreements between the seller and the customer, in particular, any intellectual rights, will neither can not be transferred in part or in part to third parties without the prior and written permission from the seller.

 

Confidentiality and confidentiality obligation

 

ART 3

§1 The customer receives only a non-exclusive and non-transferable right to use or sell the products and services for the agreed goals.

§2 The customer will strictly comply with the modalities laid down in the general terms and conditions or otherwise enforceable against the customer by special agreements.

 

ART 4 

§1 The customer undertakes to send confidential information and data concerning the production process of the delivered goods, irrespective of the manner in which they have been communicated, directly or indirectly, via digital channels, orally, in writing, visually, or by showing something or to designate, subject to the express written consent of the seller, not to distribute to, to make public or to use for the benefit of third parties.

§2 The seller may indicate certain information expressly, in writing or digitally as confidential information within the meaning of these general terms and conditions. He can do this, for example, by applying the word "CONFIDENTIAL" to or in the vicinity of that information. Such an indication implies that the customer accepts the confidential nature of that information so that a dispute about the applicability of these general terms and conditions to that information is not possible.

§3 The customer shall refrain from analyzing, copying and/or applying reverse engineering techniques to the goods, confidential information or production process data obtained from the seller or his suppliers and producers. He will also not attempt to discover the composition or underlying information, ideas or structures of those goods, confidential information, and production process data.

 

ART 5

§1 If the customer acts in breach of the duty of confidentiality and confidentiality, that circumstance in itself gives the seller the right to obtain a fixed compensation from this customer of 10,000.00 euros (ten thousand euros) to cover the potential damage, without being held to prove actual damage.

§2 If this conflicting conduct extends over time, the vendor is entitled to an additional flat-rate compensation of EUR 500.00 (five hundred euros) per day on which the infringement continues beyond the fixed main fee.

§3 Any new conflicting conduct entitles the seller to the same flat-rate reimbursements.

§4 The lump-sum compensation for these infringements is due immediately and without notice of default from the date on which the infringement takes place. The amounts due will be increased from that date until the day of full payment with interest of 10 percent.

§5 The customer who uses confidential information or production process data in violation of these general terms and conditions in order to generate profit commits himself to transfer that profit in full to the seller.

 

ART 6

§1 Without prejudice to what was stipulated in the previous article, the seller can, by all means, prove any damage he suffers as a result of the behavior that a customer imposes in violation of the confidentiality and confidentiality obligation or a contractual obligation arising therefrom. The customer undertakes to fully compensate that damage.

§2 The version of any communication with the customer received or stored by the seller is considered authentic and can be used as proof in court.

 

Cooperation and indemnification obligation

ART 7

§1 The seller can indemnify the customer for all damage suffered in case of breach of the confidentiality and confidentiality obligation in the event that third parties appeal to him. The customer will voluntarily and at his own expense intervene in any procedure, preliminary or substantive, related to this.

§2 The customer undertakes to intervene voluntarily and at his own expense in any and all preliminary, preliminary or substantive proceedings, which the seller conducts against third parties for the dissemination of secret or confidential information, which he or she has learned in violation of these general terms and conditions.

§3 The customer undertakes to intervene voluntarily and at its own expense in any and all preliminary, preliminary or substantive proceedings, which the seller conducts against third parties for complicity in breach of contract for breach of the confidentiality and confidentiality obligation.

§4 The customer undertakes to cooperate fully voluntarily and at his own expense in any criminal investigation, whether police or judicial, that is brought against third parties at the request of the seller for the dissemination of secret or confidential information.

 

ART 8

§1 If the customer disregards these cooperative and indemnity obligations, that circumstance alone gives the seller the right to obtain a fixed compensation from this customer of 2. 500, - EUR (two thousand and five hundred euros) to cover the potential damage, without that he has been kept as proof of actual damage.

§2 If this conflicting conduct extends over time, the vendor is entitled to an additional flat-rate allowance of € 250.00 (two hundred and fifty euros) per day on the day that the infringement continues.

§3 Any new conflicting conduct entitles the seller to the same flat-rate reimbursements.

§4 The lump-sum compensation for these infringements is due immediately and without notice of default from the date on which the infringement takes place. From that date onwards, the amounts due will be increased up to the full payment date with interest paid at a rate of 5 percent.

§5 The lump-sum allowances mentioned in this article are without prejudice to the seller's right to lump-sum payments in accordance with Article X.

 

Privacy Policy

ART 9

§1 The details of customers, distributors and commercial agents are not passed on to third parties.

§2 The salesman looks after the accuracy and updating of his website with due diligence. The customer nevertheless accepts that the contents thereof may sometimes be incomplete or incorrect and that such data may at any time be changed by the seller without prior notice.

 

ART 10

§1 The seller can use customer data for his own account to promote his products and services.

§2 For the placement of photographs or film material on the website, prior written permission will always be requested on paper or digital medium from the persons, customers or third parties, who can be identified or recognized on the basis of this visual material.

§3 Customers are deemed to consent to the processing of other personal data by accepting these general terms and conditions, without prejudice to the right to revoke this permission at any time or to oppose certain processing methods.

 

ART 1

§1 The personal details of customers are only processed internally by the seller with a view to legitimate business interests for the promotion of their own products and services in a lawful, proper and transparent manner. The processing is based on Article 6 §1, a and f EU Regulation 2016/679 and does not go beyond what is necessary.

§2 The seller undertakes to delete, update or rectify incorrect personal data without unreasonable delay.

§3 The seller undertakes to inform the customers whose personal data are processed on paper or digital media of the origin of these data, the exact nature of the processing or the adaptation of those data, with an indication of the contact details of the staff member or the manager responsible for processing, the contact details of the natural or legal persons who provided the data, and the period during which the data will be stored.

§4 The seller undertakes to provide additional information about the processing of personal data free of charge at the customer's first request.

§5 The seller undertakes to keep the personal data of customers in a manner that makes it reasonably impossible for third parties to identify these customers.

 

ART 12

§1 The customer may request the seller to inspect the personal data that apply to him and may also request the rectification, removal or limitation of the processing. This request can be addressed to the seller via email (info@lunalu.be).

§2 At the latest one month after receipt of the letter or e-mail in which the customer requests data adjustment, the seller informs the reason why this request should remain without consequence.

§3 The customer who does not agree with the decision of the seller can file a complaint with the Privacy Commission.

 

ART 13

The seller undertakes in any case never to process personal data showing race or ethnic origin, political opinions, religious or life-like beliefs, or membership of a trade union, or genetic data, biometric data with a view to the unique identification of a person, or data about health, or data related to a person's sexual behavior or sexual orientation.

 

Exoneration

ART 14

In the period prior to the conclusion of an agreement between the seller and the customer, the seller explicitly excludes all non-contractual liability for the termination of the negotiations, not providing information that he was not obliged to give on the basis of mandatory standards, or any additional damage that the customer believes to be able to invoke after cancellation of the agreement and repair in the original situation due to invincible error.

ART 15

§1 Unless otherwise stipulated in the general or special conditions, the seller has the best efforts obligation and no obligation of result.

§2 In the context of this means promise, the seller explicitly limits his contractual liability to fraud and gross error.

 

ART 16

§1 The seller expressly excludes all liability for typing and programming errors on the website. All prices are subject to such numerical errors.

§2 The seller expressly excludes any liability for links and digital references to other websites, or services and advertisements that are offered by third parties on the website.

 

ART 17

§1 In the context of the conventional or statutory warranty periods, the seller explicitly limits his contractual liability to the imperfections and shortcomings which the average professional buyer should not have noticed or discovered during the inspection of the good.

§2 In the context of the legal guarantee regarding nature, the state, and the defects of the delivered products, the seller explicitly limits his liability to the serious invisible defects that existed in the bud at the time of delivery and the item is unsuitable. for the intended use, but only when he was aware of these imperfections or when they derive from his deceit and gross error.

§3 In application of the previous paragraph, the parties agree that the seller, in order to disprove the suspicion of bad faith, can demonstrate that the customer has a professional background which he should have known at the time of the inspection of the goods delivered goods with a defect, since it would not have escaped a reasonable, careful and careful customer in the same circumstances.

 

ART 18

§1 In all cases mentioned above, the seller expressly excludes all liability for indirect, incidental and punitive damages.

§2 In all the cases mentioned above, the seller also excludes all liability for the damage the customer would suffer due to force majeure, coincidence or his own substantial error, in particular when a conventional guarantee is applied.

 

Disputes

ART 19

§1 Belgian law applies to these general terms and conditions. Unless otherwise agreed in writing between the parties, each agreement between the seller and the customer is governed by Belgian law.

§2 In case of dispute, the courts have jurisdiction of the canton or the district where the registered office of the seller is located.