Shop located in the Royal Museum of the Armed Forces and Military History (Brussels)

Page translated by robot translator.

GENERAL TERMS OF USE (GToU)

Date of last modification: 06/04/2021

The Site, accessible at the following address _______________________, that You visit and/or in general the information society service on which this text is integrated (hereafter the "Site") is governed by general terms of use (hereafter the "GToU"). The present text includes these GToU, which you accept without reservation by using the Site.

Reference is made to the Privacy Policy with regard to the processing of users' personal data and to the General Terms and Conditions of Sale (GTCS) governing any order placed on the Site .
[see ___________________]

[see __________]

ONLY THE FRENCH VERSION OF THESE GToU IS APPLICABLE BETWEEN THE CONTRACTING PARTIES. The Dutch, English and German translations are provided for information purposes only and have been performed by a robot translator and are therefore not binding. In case of differences or inconsistencies between the versions, the French version shall prevail.

1   Legal notice of the website
2   Purpose of these GToU
3   Use of the Site and user account
4   Our responsibility
5   Your responsibility
6   Hyperlinks to other websites
7   Intellectual property
8   Processing of personal data
9   Final provisions


1   Legal notice of the Site

The Site is accessible at the following address
The Site is published by Asbl Museum Promotion (hereafter "We", also referred to as "Us", "Our", etc.), whose contact details are as follows:
Asbl Museum Promotion
Parc du Cinquantenaire, 3
B-1000 Brussels
Belgium
Registered with the Banque Carrefour des Entreprises under number 0463.050.185

You can contact us:
•   by e-mail at museumpromotionshop@gmail.com
•   via the tab entitled

2 Purpose of these GToU

The purpose of these GToU is to define the provisions applicable to any use of the Site, in particular access to the Site and its use by a user (hereafter "You", also referred to as "Your", etc.).
Use of the Site implies full acceptance of these GToU. If You do not accept the GToU, You may not use the Site and must leave it.
When You place an order on the Site, the order is governed by the present GToU but also by the General Terms and Conditions of Sale (GTCS) to which We refer You

3 Use of the Site and user account

3.1 Your general commitments
By accessing, visiting or using the Site, You warrant and represent that You:
   • have the legal capacity to enter into this contractual relationship
   • have read and accepted these terms and conditions;
   • will be responsible for all use of the Site by You or any person using the login and password for Your user account.

3.2 Creation of a user account
The creation of a user account implies Your identification.
Access to the user account is reserved for You, after identification using Your username and password.

At the time of the creation of this user account and during Your registration, You commit Yourself to providing accurate, complete and up-to-date information.

You remain the sole guarantor of the information stored in Your account. You can add, modify or remove it at any time.

You acknowledge that Your password is strictly personal and confidential. The use of the login and password through the Internet is at Your own risk. It is Your responsibility to take all necessary measures to protect Your own data against any attack. In this sense, We cannot be held responsible for fraudulent access to Your Account or for any change made to this Account, except in the case of fraud or gross negligence on Our part or on the part of one of Our agents or representatives.

3.3 Deletion of the user account
You may delete Your user account at any time. You acknowledge that the deletion of Your account terminates all of Our contractual relations with You related to the Site, as of the date of said deletion.

We may voluntarily delete Your account, which will terminate all of Our contractual relationship with You related to the Site, as of the date of such deletion, in particular in the following cases, this list not being exhaustive:
   • This voluntary deletion will be the result of the non-use of Your account for a given period of time;
   • Such self-initiated deletion shall be an action taken by Us against a suspect account, for example, where We have reason to believe that You are not in compliance with these GToU.
   • This proactive deletion may be the result of a request from a third party alleging a violation of their rights or from a competent authority;
   • This removal of initiative may be the result of changes in Our business activities.
Where possible, We will give You prior notice of Our decision to delete Your account with reasonable notice.

You may not claim any compensation for the deletion of Your account.

After the deletion of Your account, We will keep Your data hosted on Your account for the time necessary for the technical operations of deletion of the account and in any case within the limits and obligations imposed by the applicable laws and in accordance with the Privacy Policy.

4 Our responsibility

4.1 Accessibility and security of the Site
We endeavour, as far as possible, to keep the Site accessible 7 days a week, 24 hours a day.

We reserve the right to interrupt, temporarily suspend or modify access to all or part of the Site without prior notice in order to carry out maintenance, upgrades or for any other reason, in particular technical reasons, without these manoeuvres giving rise to any obligation or compensation.

We make reasonable and diligent efforts to maintain the security and operational integrity of the Site by adopting security measures appropriate to the nature of the data and the risks presented by Our business. However, many factors beyond Our control may interfere with the operation of the Site. Therefore, We do not guarantee continuous, uninterrupted or secure access to the Site. Accordingly, We cannot be held liable for any interruption of access to the Site and the consequences thereof.

Subject to the obligations incumbent upon Us, where applicable, in accordance with the applicable law and Our Personal Data Protection Charter __________________, We can never be held responsible for any damage or temporary or permanent incident that would be caused to Your data or to Your computer equipment during Your access to the Site or during the visit of Your Account or generally during the transmission on Your receiving device of the files and software that make up the Site. In particular, We are not responsible for the possible transmission of a virus through the Site. We are not responsible for the fraudulent use of Our means of distribution and decline all responsibility in case of intrusion into Our computer systems and theft of data, it being understood that We implement the necessary means to prevent such illicit intrusions.

4.2 Quality of the information and content presented on the Site
Subject to mandatory legal provisions to the contrary, We do not guarantee the completeness, exhaustiveness, accuracy, legitimacy, reliability or availability of the content and information offered on the Site. We make every effort to provide you with quality content.

Despite our efforts to ensure the accuracy of the information and/or documents accessible on the Site, We decline all responsibility of any nature whatsoever, in the event of inaccuracy or failure to update any information and/or document present on the Site, and for any information, except for imperative legal provisions to the contrary. We are only bound by an obligation of means. We do not bear any obligation of result of any kind whatsoever.

4.3 Updates
Despite our efforts to ensure the accuracy of the information and/or documents accessible on the Site, We decline all responsibility of any nature whatsoever, in the event of inaccuracy or failure to update any information and/or document present on the Site, except in the event of a mandatory legal provision to the contrary.

4.4 Damage
In general, in the implementation of the service available on the Site, We are only committed to an obligation of means.
Except in the case of fraud or gross negligence on Our part or on the part of one of Our agents or representatives, for any damage suffered by You and duly proven, Our liability for non-compliance with the provisions of these GToU is limited to the repair of direct damage, to the exclusion of any indirect damage such as, but not limited to, loss of profit, commercial opportunity, data or turnover and excluding any damage related to a case of force majeure, any moral prejudice, image or commercial prejudice, loss of clientele, loss of brand image, commercial disturbance or any other special, fortuitous or indirect damage arising from or in connection with the Site.
Except in the case of fraud or gross negligence on our part or on the part of one of our agents or employees, we shall not be held liable if the non-performance of these GToU or their poor performance is attributable to you or to the unforeseeable and insurmountable act of a third party.

5 Your responsibility

5.1 Your obligations when using the Site
You are informed that all laws and regulations in force are applicable on the Internet.

You certify that You will not use the Site for purposes that are illegal or prohibited by law and/or the present GToU.

By way of example, You shall not
-Intercept or attempt to intercept any electronic mail or other private communications not intended for You;
-Use any means that would restrict the peaceful use of the Site by any third party;
-Use the Site as an instrument of mass communication to communicate a message of a general nature and unsolicited by recipients;
-Misrepresent yourself as Our employee, agent or servant;
-Use information obtained from the Site to abuse, harass or harm another person or to contact, promote, solicit or sell information about that person without that person's prior express consent.

5.2 Indemnification
You indemnify and hold Us harmless from and against any and all claims, third party proceedings, liabilities, damages, losses or expenses, of whatever form and nature, arising directly or indirectly out of Your use of the Site which is contrary to these GToU and/or which violates applicable law or regulation or the rights of any third party and/or which is inappropriate.

In this respect, You will be responsible for all damages and interest that We may be ordered to pay, as well as the legal costs and fees that We may incur. We undertake to inform You as soon as possible of any such legal action.

We reserve the right, at Our choice and at Our expense, to participate in the defence and/or amicable settlement of a claim or to assume sole responsibility for the defence and control of the proceedings, without releasing You from Your obligations to pay compensation. You may not accept an amicable solution that would involve Our responsibility or impose any obligation on Us, without Our prior consent.

6 Hyperlinks to other websites

The Site may link to other websites over which We have no technical or content control. The existence of a hyperlink to another website does not constitute an endorsement of that website or its content by Us.

We cannot therefore offer any guarantee as to the completeness or accuracy of the content of these third-party sites, nor as to their availability.

We are not liable for any direct or indirect damage resulting from the consultation or use of websites to which the Site refers or from information published on these sites. We also disclaim any responsibility for the processing of personal data on these sites.

We invite You to read the GToU and Privacy Policies of these third party websites.

7 Intellectual Property

We only grant You a free, personal, non-exclusive and non-transferable right to access and use the Site, subject to compliance with these GToU.

You are thus authorised to use the content of the Site for Your personal information, as a source of information or data collection.
The Site (considered as an indivisible whole) and the various elements appearing on the Site (such as texts, photographs, catalogues, layouts, trademarks, logos, illustrations, specific software, videos) are protected by intellectual property rights belonging to Us or to Our licensors. Where applicable, they have been the subject of an authorisation for publication, distribution or a right of use acquired from these third parties.

The logo, the name of products, services or the name of companies mentioned on the Site may constitute trademarks, trade names or company names of their respective owners. You expressly agree to respect these intellectual property rights.

Subject to the exceptions provided for by law, You are prohibited, without this list being exhaustive: from modifying, copying, distributing, transmitting, broadcasting, publishing, licensing, transferring, selling, reproducing or having reproduced all or part of the information, software, product or service obtained from the Site, temporarily or permanently, by any process, known or unknown, on any medium, without Our prior written consent. Failure to comply with this prohibition constitutes an infringement that may give rise to civil and criminal liability for the infringer.

Hypertext links to the Site are tolerated on the condition that they refer to the home page, do not lead to confusion about Our identity and are not accompanied by any denigrating or defamatory remarks about Us or the Site.

8 Processing of personal data

You are referred to the Privacy Policy

9 Final provisions

9.1 Changes to these GToU
We may modify these GToU at any time in accordance with changes to the Site, changes in legislation or for any other legitimate reason.

Once You have created a user account, except for modifications that are purely formal, We will inform You of the modifications, if any, that will be made to these GToU and the date on which these modifications will come into effect.
You will have a reasonable period of time after this information is provided to terminate all contractual relations with Us, which will involve the deletion of Your account. Otherwise, if You do not terminate Your account within this period, You will be deemed to have accepted the changes.

9.2 Evidence Agreement
We may exchange information with You as necessary for the Site by electronic means. Any electronic communication between You and Us is presumed to have the same evidential value as a written document.

A printed version of these GToU and any disclaimer issued in electronic form shall be accepted in any legal or administrative proceedings relating to this contractual relationship, to the same extent and under the same conditions as other business documents and records created and maintained in printed form.

9.3 Severability
If any provision of these GToU is held to be void, invalid, illegal or unenforceable under applicable law, in whole or in part, such a situation shall not affect the validity of the remaining provisions, except in the event of the invalidity of an essential provision or the interdependence of contractual provisions. The invalid, void, illegal or unenforceable clause will be replaced retroactively by a valid and enforceable clause which is as close as possible to the original clause. The replacement of the nullified clause will respect the conditions of modification of these GToU as specified in the article "Modification of these GToU".

9.4 Force majeure and liability of the Contracting Parties
Notwithstanding any provision to the contrary, neither You nor Us shall be held responsible for any delay in the performance or non-performance of its obligations resulting from events of force majeure (such as strike, war, earthquake, cataclysm of any kind, pandemic, direct or indirect effects of explosion, fire, heat release, flooding as well as any other external, unforeseeable and irresistible event of force majeure).

Nothing in these GToU shall have the purpose or effect of limiting or excluding Your or Our liability for fraud, death or personal injury resulting from the breach of the GToU, or to the extent that such exclusion or limitation is prohibited by law.

9.5 Relationship
Nothing in these GToU shall be construed as a partnership, joint venture or other association or subordination between You and Us.

9.6 Notice
Any communication or notice given by Us to You will be effective if sent to the email address given by You, even if it is no longer valid.
We may modify these GToU at any time in accordance with changes to the Site, changes in legislation or for any other legitimate reason.

Once You have created a user account, except for modifications that are purely formal, We will inform You of the modifications, if any, that will be made to these TOU and the date on which these modifications will come into effect.
You will have a reasonable period of time after this information is provided to terminate all contractual relations with Us, which will involve the deletion of Your account. Otherwise, if You do not terminate Your account within this period, You will be deemed to have accepted the changes.

9.7 Complaints and alternative dispute resolution
You can contact Us for any complaint concerning the present GToU
at the following email address: museumpromotionshop@gmail.com
or at the following postal address
Museum Promotion
3, Parc du Cinquantenaire
B-1000 Brussels
Belgium

In the event of a dispute concerning the Site or these GToU, please contact Us as a matter of priority before taking any other steps so that We can, as far as possible, find an amicable solution with You.

In the event that an amicable solution cannot be found without recourse to a third party, You may contact any existing mediation service that is competent to hear a consumer dispute with Us. You may also contact the European Online Dispute Resolution Platform accessible at the following link:


9.8 Applicable law and competent courts
These GToU are governed and interpreted in accordance with Belgian law.

Any dispute relating to an order placed on the Site and, in general, to the validity, interpretation, execution or non-execution of these GToU shall fall under the exclusive jurisdiction of the French-speaking Courts of Brussels, for all types of proceedings.

The choice of the applicable Belgian law and of the competent Brussels courts, as stipulated, is without prejudice to the application of the mandatory consumer provisions of the law of the Member State of the European Union in which You reside if they are more protective of You than the Belgian provisions, or to the jurisdiction of another court that would be designated by the applicable national or European Union law.