Legal notice
Caroline du Chastel invites all users to read the following legal notices carefully. By accessing, browsing or using the website, users acknowledge having read, understood and accepted these legal notices.
1. Information regarding the site administrator
This website www.carolineduchastel.com (hereinafter the “Site”, “Website”) is developed, managed and published by Caroline du Chastel (hereinafter “Caroline du Chastel”), registered with the Belgian Crossroads Bank for Enterprises under the number BE 0704606812.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Caroline du Chastel undertakes to make all efforts necessary to ensure that users have access to the Site at all times. In the event of unavailability of the site, it cannot be held responsible on any grounds whatsoever. It cannot guarantee the accuracy and completeness of the information disseminated on its Site, nor the permanence of its proper functioning, nor total information security on it (e.g. it cannot be held responsible for errors or unavailability of information on its Site).
The user acknowledges having the skills and means necessary to access and use the Site. They acknowledge having verified that their computer configuration contains no virus, Trojan horse, or any other malicious or technologically harmful material, and that it is in perfect working order.
The user must not attempt to obtain unauthorized access to our site, the server on which our Site is stored, or any other server, computer or database connected to our Site. Violation of this provision is a criminal offence. We will report any such breach to the competent judicial authorities, and will cooperate with those authorities by disclosing your identity to them.
2. Protection of personal data
Caroline du Chastel will ensure the protection of personal data provided in accordance with the Privacy Policy available on our Site under the tab “Privacy Policy”.
If you wish to make a request for information concerning these policies, please send us an email at the following address: info@carolineduchastel.com
3. Intellectual property
All materials featured on the carolineduchastel.com website (drawings, designs, models, illustrations, images, sound tracks, texts, logos, trademarks…) are the exclusive property of Caroline du Chastel. You may not reproduce, by any means or process, totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such materials contained on the carolineduchastel.com website.
All Caroline du Chastel trademarks and other Caroline du Chastel-related trademarks and logos, whether or not registered, displayed on the carolineduchastel.com website, as well as the domain name “carolineduchastel.com”, are and will remain the exclusive property of Caroline du Chastel. Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose whatsoever without prior and express agreement of Caroline du Chastel is prohibited.
You may not remove any copyright (droit d’auteur), trademark or other proprietary notice contained on the carolineduchastel.com website or any content contained therein.
Caroline du Chastel is the owner of all intellectual property rights to the Site and to the material published on it. This means, but is not limited to, logos, logotypes, designs, models, drawings, illustrations, databases, files, videos, articles, programs, content including data, texts, still or animated images, industrial designs, trademarks, sounds, and graphics.
Any total or partial representation of the Site or of any of the elements which it comprises, by any means whatsoever and without the express authorization of Caroline du Chastel , is prohibited and constitutes an infringement of Belgian law governing intellectual property.
4. Hypertext links
Hypertext links to other sites from our site are not, whatever the circumstances, the responsibility of Caroline du Chastel.
Caroline du Chastel takes no responsibility for the content of sites to which our Site links, nor for any damage sustained while visiting those sites. Users visit other sites under their own responsibility and at their own risk.
Liability:
Every care has been taken in the preparation of the content of this website to ensure that the items and terms are described accurately. There may, however, from time to time be technical inaccuracies and/or typographical errors. There may be slight variations from time to time in style or colour reproduction or in text descriptions. As the actual colours you will see will depend on your monitor, we are unable to promise or guarantee that your monitor’s display of any color will actually reflect the colour of the product delivered to you.
To the extent permitted by law, we shall not be liable for any claims either direct or in terms of consequential loss relating to the accuracy of the information contained in any of the sections of this website, wether this arises from breach of duty, breach of contract, negligence, or any other way.
We are not liable for any use of the products if you use them for other purposes than they are made for. The products are not suitable for children under three years. The products contain small parts.
We are not responsible for indirect losses.
Our liability is in any case strictly limited to the purchase price of the product you purchased.
Moreover, in spite of all due care taken by us, we do not offer any guarantees in respect of the exactitude or the security of the data transmitted or obtained through this website, unless expressly stated otherwise.
We equally waive all and any liability for loss or harm resulting from a virus or any other technological prejudice caused to your IT equipment and your data as a result of the use of our website or resulting from the downloading of files we have sent you.
Caroline du Chastel shall not be liable to you or any third party for any indirect, incidental, special or consequential damages, including, without limitation, loss of profits or other indirect losses, arising out of or in connection with your use or inability to use the carolineduchastel.com website. This limitation of liability shall apply to the fullest extent permitted by law
6. Limitation of Liability
To the extent permitted by applicable law, either party’s liability is limited to losses which are typical of this type of contract and which were foreseeable at the time the sales contract was concluded. These Terms and Conditions do not purport to exclude or limit either party’s responsibility for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by the responsible party’s failure to use reasonable care and skill; or for gross negligence or wilful misconduct.
7. Disclaimer of Warranty
Caroline du Chastel does not warrant or represent that:
- the carolineduchastel.com website is free from viruses, data overwriting programs, trojan horses or other destructive material;
- the information contained on the carolineduchastel.com website is accurate, complete or up to date.
The carolineduchastel.com website may contain technical inaccuracies or other defects and Caroline du Chastel does not warrant that such defects will be corrected. The carolineduchastel.com website and its contents are provided on an “as is” and “as available” basis. Caroline du Chastel expressly disclaims all warranties of any kind, including without limitation, any implied warranty regarding the usual conditions of use of the carolineduchastel.com website or the adequacy of the website for a usual or specific use, its quality or compliance with all statutory provisions. This limitation of liability shall apply to the fullest extent permitted by law.
8.Force majeure
Neither Caroline du Chastel, nor the customer shall be held liable to the other party for any delay or failure to perform its obligations under these Terms and Conditions if such delay or failure is due to an event beyond the reasonable control of such party including, but not limited to, the following events: strikes or labor disputes, embargo, epidemic, disease, natural disasters, governmental provisions, wars, fires, floods, explosions or popular movements. For avoidance of doubt, nothing in this article 10 authorises the customer not to fulfil its payment obligations. The existence of a force majeure event shall justify the suspension of the obligations of the party affected by force majeure. If such period of delay exceeds sixty (60) calendar days from the date of commencement of the force majeure event, then either party may terminate the applicable order immediately upon written notice to the other party.
9. Applicable law and juridiction
This Site is governed by Belgian law. Any dispute or litigation that may arise from the interpretation or execution thereof will be the exclusive jurisdiction of those courts to which Caroline du Chastel’s headquarters is subject.
These Terms and Conditions shall be governed and construed in accordance with Belgian law, excluding the UN Convention on Contracts for the International Sale of Products. Any dispute arising from, or related to, the use of the Website, the purchase of products and/or these Terms and Conditions will be referred to the Courts of Brussels (Belgium).
You may also make use of the EU platform for out-of-court online dispute resolution. This platform is accessible at the following address: https://webgate.ec.europa.eu/odr/.
10. Severability
Whenever possible, the provisions of these Terms and Conditions shall be interpreted in such a manner as to be valid and enforceable under the applicable law. If a provision of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, that prohibition or unenforceability shall not invalidate the remaining provisions thereof which will remain in full force and effect. The parties agree to attempt to substitute for any invalid or unenforceable provision a valid and enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.
11. Modification of the legal notices
Caroline du Chastel reserves the right to modify the content of these legal notices at any time and without notice. The user is therefore invited to consult them regularly.
12. Contact
For all additional information and contacts, please send us an email at info@carolineduchastel.com. You can also reach us on +32 496 91 52 18 during Belgian office hours.