General terms and conditions of use and sale

The md-hospitality.be website (hereinafter the "Platform") is an initiative of :

MD Hospitality SRL
Boulevard de la Sauvenière 17, 4000 Liège
BCE/TVA : 0753944079
Mail : hello@md-hospitality.be Téléphone : 042650947

(hereinafter "MD HOSPITALITY")

I. general terms and conditions of use

1. Application area

These general conditions of use (hereinafter the "GTC") apply to any visit to or use of the Platform and its information by an Internet user (hereinafter "User").

By visiting or using the Platform, the User acknowledges that he/she has read these general terms and conditions and expressly accepts the rights and obligations contained therein.

Deviations from the provisions of the general terms and conditions may be made in exceptional cases by written agreement. Such deviations may consist of the amendment, addition or deletion of the clauses to which they refer and shall not affect the application of the remaining provisions of these general terms and conditions

We reserve the right to modify our general terms and conditions at any time, without notice, but we undertake to apply the provisions in force at the time you used our Platform.

2. Platform

A. ACCESS AND NAVIGATION

We take all reasonable and necessary steps to ensure the proper functioning, security and accessibility of our Platform. However, we cannot guarantee absolute operability and our actions are therefore to be regarded within the scope of an obligation of means.

Any use of the Platform is always at the User's own risk. Therefore, we are not responsible for any damages that may result from possible malfunctions, interruptions, defects or harmful elements on the Platform.

We reserve the right to restrict access to the Platform or interrupt its operation at any time, without any obligation to provide prior notice.

B. CONTENT

MD HOSPITALITY mainly determines the content of the Platform and takes great care in creating the information on the Platform. We take all possible measures to keep our Platform as complete, accurate and up-to-date as possible, including when the information on it is provided by third parties. We reserve the right to modify, complete or delete the Platform and its content at any time, without incurring any liability.

MD HOSPITALITY cannot provide an absolute guarantee regarding the quality of the information on the Platform. It is therefore possible that this information is not always complete, accurate, sufficiently precise or up to date. Consequently, MD HOSPITALITY cannot be held responsible for any damages, direct or indirect, that the User may suffer as a result of the information presented on the Platform.

In the event that certain content of the Platform violates the law or the rights of third parties, or is contrary to good morals, please inform us as soon as possible by email so that we can take appropriate measures.

Any downloading from the Platform is always at the risk of the user. MD HOSPITALITY cannot be held responsible for any damage, direct or indirect, resulting from these downloads, such as loss of data or damage to the user's computer system, which is the sole responsibility of the user.

C. SERVICES RESERVED FOR REGISTERED USERS

1) Registration

Access to certain services is subject to registration of the user.

Registration and access to the services of the Platform are reserved exclusively for natural persons who are legally capable of doing so, after completing and validating the registration form available online on the Platform, as well as the present GTC.

When registering, the User agrees to provide accurate, truthful and up-to-date information about themselves and their marital status. The User must also regularly check the data relating to them in order to maintain their accuracy.

The User must therefore provide a valid email address, to which the Platform will send them confirmation of their subscription to its services. An email address cannot be used repeatedly to subscribe to services.

Any communication by the Platform and its partners is therefore considered to have been received and read by the User. The User, therefore, undertakes to regularly check the messages received at this email address and, if necessary, to reply within a reasonable time.

Only one registration is permitted per person.

The user will receive an identification code which will allow him to access a space reserved for him (hereinafter "Personal Space"), in addition to entering his password.

The login is definite, but the password can be changed online by the User in his Personal Space. The password is personal and confidential, and the User undertakes not to disclose it to any third party.

MD HOSPITALITY reserves the right to refuse a request for subscription to the platform services if the user does not comply with the general terms and conditions.

2. Deregistation

Users who are regularly registered may request to be removed from the Platform at any time by going to the dedicated page in their Personal Space. Any deregistration from the Platform will take effect as soon as possible after the User completes the appropriate form.

3. Links to other websites

The Platform may contain links or hyperlinks to external websites. Such links do not automatically mean that there is a relationship between MD HOSPITALITY and the external website or even that there is an implicit agreement with the content of these external websites.

MD HOSPITALITY has no control over external websites. We are therefore not responsible for the safe and correct functioning of hyperlinks and their final destination. Once the User clicks on the hyperlink, they leave the Platform. We therefore cannot be held liable for any subsequent damage.

4. Intellectual Property

The structure of the Platform, as well as the texts, graphics, images, photos, sounds, videos, databases, computer applications, etc. included in it or accessible through it are the property of the publisher and are as such protected by the applicable laws on intellectual property.

Any representation, reproduction, adaptation or exploitation of the content, brands and services offered by the Platform, in whole or in part, by any process whatsoever, without the prior, express and written consent of the publisher, is strictly prohibited, with the exception of elements expressly indicated as free of rights on the Platform.

The Platform User is granted a limited right to access, use and display the Platform and its content. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal and non-commercial purposes. Without prior written consent, Users are not allowed to modify, reproduce, translate, distribute, sell or communicate the protected elements, in whole or in part to the public.

The User is prohibited from entering information on the Platform that would or could alter its content or appearance.

5. Protection of Personal Data

Personal data provided by the User when visiting or using the Platform is collected and processed by MD HOSPITALITY solely for internal purposes. MD HOSPITALITY assures its Users that it attaches the utmost importance to the protection of their privacy and personal data, and that it always undertakes to communicate about this in a clear and transparent manner.

MD HOSPITALITY undertakes to comply with the applicable legislation in this area, in particular the Law of 8 December 1992 on the protection of privacy in relation to the processing of personal data and the European Regulation of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

6. Applicable law and competent jurisdiction

These GTC are governed by Belgian law.

In case of dispute and in the absence of an amicable settlement, the dispute shall be submitted to the courts of the judicial district where MD HOSPITALITY has its registered office.

7. General provisions

MD HOSPITALITY reserves the right to modify, extend, remove, limit or interrupt the Platform and its services at any time, without prior notice and without any liability.

In the event of violation of the GTC by the user, MD HOSPITALITY reserves the right to take appropriate sanctions and remedial action. In particular, MD HOSPITALITY reserves the right to temporarily or permanently deny the user access to the Platform or to our services. These measures may be taken without giving reasons and without prior notice. MD HOSPITALITY cannot be held liable for this, nor can it give rise to any form of compensation.

The illegality or invalidity of any provision of our GTC, in whole or in part, shall not affect the validity and the application of the other provisions. In such a case, we shall be entitled to replace the provision by another valid provision of equivalent effect.

II. GENERAL TERMS AND CONDITIONS OF SALE

1. Application area

These general terms and conditions of sale (hereinafter "GTC") define the mutual rights and obligations in the case of purchase of products or services on the Platform by a User (hereinafter "Customer").

The GTC express the totality of the parties' obligations. The Customer is deemed to accept them without reservation, failing which their order will be declared invalid.

Exceptional derogations from the provisions of the GTC are possible on condition that they are agreed upon in writing. Such deviations may consist of the amendment, addition or deletion of the clauses to which they relate and shall not affect the application of the other provisions of the GTC.

MD HOSPITALITY reserves the right to amend the GTC from time to time. The changes will be applicable as soon as they are published online for all purchases made after this date.

2. Online shop

Through the Platform, MD HOSPITALITY makes available to the Customer an online shop where the products or services sold are presented.

The products or services are described and presented as accurately as possible. However, MD HOSPITALITY cannot be held responsible for any errors or omissions in the presentation.

Prices and taxes are specified in the online shop.

3. The price

MD HOSPITALITY reserves the right to change its prices at any time by publishing them online.

Only the prices indicated and the taxes in force at the time of ordering will apply, subject to the availability at that time.

The prices are indicated in euros.

The total amount of the order (including all taxes) is indicated before final validation of the order form.

In the event of a refund, the bank charges will be deducted from the price refunded.

4. Online order

The Customer has the possibility of filling in an order form online, by means of an electronic form. By completing the electronic form, the Customer accepts the price and description of the products or services.

In order for the order to be validated, the Customer must accept these GTC by clicking in the indicated area.

The Customer must provide an e-mail address and billing details. All exchanges with MD HOSPITALITY can be made using this e-mail address.

The Customer must then validate their chosen payment method.

MD HOSPITALITY reserves the right to block the customer's order in the event of non-payment, incorrect address or any other problem on the customer's account until the problem is resolved.

5. Confirmation and payment of the order

MD HOSPITALITY remains the owner of the ordered items until full payment of the order has been received.

A. PAYMENT

The customer pays at the time of the final validation of the order with the chosen payment method. This validation is considered as a signature.

The customer warrants to MD HOSPITALITY that he/she has the necessary authorisations to use this method of payment and acknowledges that the information he/she has provided in this regard constitutes proof of his/her agreement to the sale and payment of the amounts due for the order.

MD HOSPITALITY has established a procedure for verifying orders and means of payment in order to reasonably ensure that no fraudulent use is made of any means of payment, including by asking the customer for identification details.

In the event of refusal to authorise payment by credit card by the accredited organisations or in the event of non-payment, MD HOSPITALITY reserves the right to suspend or cancel the order and its delivery.

MD HOSPITALITY also reserves the right to refuse an order from a customer who has failed to partially or completely pay a previous order with whom a payment dispute is pending.

B. CONFIRMATION

Once MD HOSPITALITY has received validation of the purchase and payment, it will send an invoice to the customer.

The customer may request that the invoice be sent to an address other than the one indicated on the form by requesting this effect to Customer Services (see contact details below).

6. Proof

Communications, orders and payments between the customer and MD HOSPITALITY can be proven thanks to the automated records kept in MD HOSPITALITY's computer systems under reasonable security conditions. The order forms and invoices are archived on a reliable and durable medium which is considered as proof.

7. Guarantees

MD HOSPITALITY guarantees the conformity of the products or services with the contract following the legislation in force at the time of the conclusion of the contract.

8. Right of withdrawal

If the Customer is a consumer, he shall waive his right of withdrawal in order to be supplied as soon as possible after the conclusion of the contract.

9. Data protection

MD HOSPITALITY shall keep proof of the transaction, including the order form and the invoice, in its computer systems under reasonable security conditions.

Personal data provided by the User when visiting or using the Platform is collected and processed by MD HOSPITALITY solely for internal purposes. MD HOSPITALITY assures its Users that it attaches the utmost importance to the protection of their privacy and personal data, and that it always undertakes to communicate about this in a clear and transparent manner.

MD HOSPITALITY undertakes to comply with the applicable legislation in this area, in particular the Law of 8 December 1992 on the protection of privacy in relation to the processing of personal data and the European Regulation of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

10. Force majeure

If MD HOSPITALITY is prevented from fulfilling the order in whole or part due to an unforeseen circumstance beyond its control, this shall be regarded as force majeure.

In case of force majeure MD HOSPITALITY has the right to suspend the execution of the order entirely or partially for the duration of the force majeure. MD HOSPITALITY will immediately inform the customer and the customer will be refunded the amount of the order.

11. Independence of clauses

The illegality or the total or partial invalidity of any provision of these GTC shall not affect the validity and application of the other provisions. MD HOSPITALITY reserves the right to replace the unlawful or invalid provision with another valid provision of similar intent.

12. Applicable law and competent jurisdiction

These GTC are governed by Belgian law.

In the event of a dispute and in the absence of an amicable settlement, the dispute shall be submitted to the courts of the judicial district where MD HOSPITALITY has its registered office.