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TERMS AND CONDITIONS - WEBSITE
Welcome to the www.scabal.com website (the “Website”), owned by Scabal SA – a company having its registered office at Rue Du Chantier 5, Brussels 1000 Belgium (« Scabal »).
Access to and use of the Website are conditional on your review, understanding and acceptance of these General Conditions of Use. If you do not agree with these General Conditions of Use or with part of them, please do not use and do not access the Website.
1. Intellectual property rights
The contents present on the Website, such as, without limitation, works, images, photographs, dialogues, music, sounds and videos, documents, drawings, pictures, logos and any other material, whatever their format, posted on the Website including, the menus, web pages, graphics, colours, patterns, tools, characters, and design of the Website, diagrams, layouts, methods, processes, functions and software that are part of the Website, are protected by copyright and by all other IP rights of Scabal or of the third parties, if any, that Scabal has engaged. It is forbidden to reproduce, in whole or in part, in whatever form, the Website and its contents without express written consent from Scabal directly.
You are only permitted to view the Website and its contents benefiting from the services made available on it. You are also authorised to make any
temporary reproductions, without economic significance per se, which are considered transitory or secondary, and an integral and essential part of the actual viewing of the Website and its contents, and any other browsing operations that are performed solely for the purpose of legitimately using the same. Under no circumstances may you be authorized to reproduce, on any medium, in whole or in part, the Website and its contents. Any reproduction must each time be authorized by Scabal or, where appropriate, by the authors of the individual works contained in the Website. Such reproductions must in any case be made for lawful purposes and in compliance with the copyright and the other IP rights of Scabal and of the authors of the individual works contained in the Website (as applicable). The authors of the individual works published on the Website shall be entitled to claim, at any time, the authorship of their work and to oppose to any deformation, mutilation or other modification of the works including any damage caused to the works that is prejudicial to their honour or reputation. You undertake to comply with the copyright of the artists who have chosen to publish their works on the Website. You are also not authorized to use, under no circumstances, in any manner and form, the contents of the Website and the individual works protected by copyright and by any other IP right. You may not alter or modify the contents and the copyrighted works without Scabal’s consent and, where necessary, without the consent of the relevant authors.
2. Trademarks and domains
The exclusive owner of all trademarks and distinctive signs present on the Website, also for the purposes of distinguishing the products, is Scabal SA, who has also the exclusive right to use them. Any unauthorized use or use that is not compliant with the law is strictly forbidden and can have legal consequences. Under no circumstances will you be entitled to use said trademarks and the other distinctive signs present on the Website to obtain, also indirectly, an improper benefit from the distinctive character or from the popularity of the Scabal Group’s trademarks in a way that is prejudicial to the same or to their owners.
The Scabal.com domain, as well as any declination of the same and any sub-domain, are in the ownership of the Scabal SA. It is not permitted, not even indirectly, to use them without the express written consent of their owners.
3. Inbound and outbound links from the Website to third party sites
The Website may contain hypertext links (the "links") to other sites that are unrelated to the Website. Such website are not controlled or monitored by the Website Operator who therefore gives no warranty as to their contents and to the manner in which they process personal data. You must therefore carefully read the conditions of use of the third party sites you visit and their privacy policies, as these Conditions of Use and the Privacy Policy refer exclusively to the Website.
Conversely, it will be possible to activate on third party sites links redirecting to the Website, only if the Website Operator has given his prior consent. The application for obtaining such consent may be sent to the Website Operator at the abovementioned postal or email address customercare@scabal.com. Any unauthorized activation of links shall result in the Website Operator being entitled to take any action to have the unlawful links immediately deactivated, and to have the wrongful business practice, the unfair competition or the action ruining the good name and popularity of the Website Operator, its products and companies of its group, acknowledged. Posting hypertext links (such as deep frames and deep links) to the Website or using unauthorised
meta-tags is in any case forbidden.
4. Contents
The access, use and browsing of the Website are for your personal use only, and must always be unrelated to your commercial, entrepreneurial and professional activities. Using and browsing the Website are activities performed by you and, as such, no liability can be attributed to the Website Operator for the incorrect use of the Website. The Website Operator shall therefore not be liable if during your downloading activities your device is damaged or if your data are lost, unless any such damage and loss are attributable to the gross negligence and wilful misconduct of the same Website Operator.
The Website Operator accepts no responsibility for damages deriving from the inaccessibility to the services present on the Website, disruption of the service, content cancellation, problems related to the networks, providers or telephone and/or internet connections, unauthorized accesses, data alteration, failure and/or malfunction of your electronic equipment. It will be your responsibility to protect and correctly use your personal data, including the credentials allowing you to access the restricted services. You will also be responsible for any damaging consequence or prejudice that may derive to the Website Operator or third party from the incorrect use, loss or theft of your data.
The Website Operator has adopted all reasonable measures aimed at preventing the posting on the Website of contents and images that are likely to infringe a person’s human rights and dignity, in all possible forms and expressions. Should you deem however that such contents are offensive to your religious, ethical or gender sensibility, or your dignity, please report it to the Website Operator (by sending the relevant notice to the following mailbox customercare@scabal.com The Website Operator however, warns you that the access, if any, to the contents deemed infringing or offensive is a deliberate act of yours and you are therefore the only person responsible for that.
The Website Operator has also adopted any useful precautions to ensure that all information present on the Website are correct, complete and updated. The Website Operator accepts however no responsibility for the accuracy and completeness of the contents posted on the Website, unless otherwise envisaged by the law. Should you find any error in the information present on the Website or realize that such information is not duly updated, please report it to the Website Operator sending the relevant notice to the following mailbox: customercare@scabal.com
5. Our Products
From time to time, we may modify, vary or withdraw (oneither a permanent or temporary basis) some of
the products and services and/or the features and specifications of those products and services, that are displayed on or made available to you through the Website, or make changes to the applicable prices for any such product or services, without notice. Our Terms of Sale also address the circumstances in which we may make changes to and/or withdraw products sold by us through the Website. You can read our current Terms of Sale at www.scabal.com.
Although we will make any reasonable efforts to ensure that the information accessible on the Website is accurate and constantly up-to-date, to the maximum extent permitted by applicable law, we make no representation nor give any warranty as to the correctness, completeness, accuracy or currency of any information on the Website, including but not limited to products description, pricing and/or availability on the Website. The inclusion of any products or services on the Website does not imply, warrant or guarantee that these products or services will be available through the Website if you wish to place an order for such products and/or use such services at any particular time. We have made every effort to display, as accurately as possible, the colors of our products that appear on the Website. However, the actual color you will see will depend on your computer settings and we cannot guarantee that your computer will accurately display our colors.
6. Applicable law and dispute resolution
These General Conditions of Use are governed by Belgium law.
These General Conditions of Use may be updated or modified from time to time by the Website Operator. Any such modification shall become effective when posted on the Website. We therefore suggest that you review this document regularly.