The use of our website must always be in accordance with the rights and obligations clearly set out on the website and the rights and obligations set out in the Disclaimer, the Terms of Sale and the Privacy Statement. The whole of these texts are our General Terms and Conditions.
These Terms and Conditions apply to us, Espaliers, as well as to you, the User. As soon as you use our website, you expressly acknowledge and accept that our General Terms and Conditions apply and that the application of our own General Terms and Conditions is fully waived.
We may deviate from the Terms and Conditions in exceptional cases, provided that these deviations are laid down in writing and accepted by all parties. These deviations only apply to replace or supplement the clauses to which they relate and do not affect the application of other provisions of the General Terms and Conditions.
1. Who are we?
The website http://www.espaliers.eu is an initiative of:
Kwatrechtsteenweg 79, 9230 Wetteren
You can leave a message via our contact form on the website.
+32 9 369 35 00
2. Our website
2.1 Smooth operation, safety and accessibility
You can rest assured that we offer a user-friendly website that is safe for any User. We therefore take all reasonable measures to ensure the proper functioning, security and accessibility of our website. However, we cannot give you an absolute guarantee and our measures should be regarded as an obligation of means.
Any use of the website is always at your own risk. This means that we shall not be liable for any damage resulting from malfunctions, interruptions, harmful elements or defects of the website, irrespective of the existence of an external cause or force majeure.
We are entitled to restrict access to our website at any time and/or to interrupt it in whole or in part, without prior warning. We will only do this if the circumstances justify it, but this is not an absolute condition.
2.2 Content on our website
The content of the website is largely determined by us and we take the greatest care with 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 of our website may be changed, supplemented or removed at any time.
Nevertheless, we cannot guarantee 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 any (direct or indirect) damage suffered by the User as a result of the information on our website.
In case certain content on our website violates applicable laws and/or violates the rights of third parties and/or is simply unacceptable, we ask you to notify us as soon as possible so that we can take the appropriate measures. We may thus proceed with the partial or complete removal and/or adaptation of the content.
Our website contains content that can be downloaded. Any downloading from our website is done at your own risk. We are not liable for this and any damage resulting from a loss of data or damage to the computer system is the sole responsibility of the User.
Specifically for prices and other information about products on the website, a reservation is made for obvious programming and typing errors. The User cannot claim any agreement with Espaliers on the basis of such errors.
2.3 What we expect from you as a User
The User also bears 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 circumvent our business model and/or to collect information from other Users on a large scale.
Consequently, it is not permitted to use our website to disseminate content that could cause damage to other Users of the website, such as the dissemination of harmful software like 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, is also covered.
We reserve the right to take all necessary actions that may result in recovery for us and our Users, both judicially and extrajudicially. The User is solely and personally responsible if his actions and conduct effectively cause damage to the Website and other Users. In such a case, he must hold Espaliers harmless from any claim for damages that may follow.
3. Links to other websites
The contents of our website may contain a link, hyperlink or framed link to foreign websites or other forms of electronic portals. A link does not automatically mean that there is a connection between us and the foreign website, nor that we (implicitly) agree with the content of these websites.
We have no control over these foreign websites and are not responsible for the safe and correct operation of the link and the final destination. Once you click on the link you leave our website and cannot hold us responsible for any damages.
It is possible that foreign websites do not offer the same guarantees as we do. Therefore we recommend to read carefully the General Terms and Conditions and the Privacy Statement of these websites.
4. Intellectual property
Creativity deserves protection, as does our website and its content. Protection is provided by intellectual property rights and belongs to all entitled parties, being Espaliers and third parties. By content is meant the very broad category of photos, video, audio, text, ideas, notes, drawings, articles, and so on. All such content is protected by copyright, software law, database law, design law 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 we use on our websites is also protected by the applicable trade name law or trademark law.
Every User is granted a limited right to access, use and display our websites and their contents. 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 use and/or make any changes to the items protected by these rights without the consent of the rights holder. Espaliers attaches great importance to its intellectual property rights and has taken all possible measures to ensure their protection. Any infringement of existing intellectual property rights will be prosecuted.
5. Processing of personal data
The information provided by you is necessary for the processing and completion of orders, and the drawing up of invoices and guarantee contracts. A minimum of data is required for each order. Additional data may be requested in order to personalise the order. If the minimum data are missing, the order will inevitably be cancelled. The personal data of the Buyer will only be processed in accordance with the Privacy Statement which can be consulted via our website.
6. General Terms and Conditions.
We reserve the right to modify, extend, limit or terminate our website and the services it offers at any time. This may be done without prior notice to the User and shall not give rise to any compensation.
These General Terms and Conditions (including the Sales Conditions) shall be exclusively governed and interpreted in accordance with Belgian Law. All disputes relating to or arising from Espaliers' offers, or agreements entered into with it, shall be submitted to the competent court in the judicial district [ARRONDISSEMENT].
Should the operation or validity of one or more of the above provisions of these General Terms and Conditions be affected, this shall not affect the validity of the remaining provisions of this agreement. In such a case, we shall be entitled to change the provision in question to a valid provision of similar intent.