Article 1.- General provisions – particulars of the owner of the sites

The present conditions (hereinafter referred to as “Conditions”) shall apply to the use of all the websites (including mobile sites), including the elements and the applications, created or held by DEFUNT.BE SPRL, whose registered office is located at rue de Falisolle 330, 5060 SAMBREVILLE, registered on the RPM under number 0819.112.144 (hereinafter referred to as “the Company”) (hereinafter referred to as the “Sites”).

The term “user” shall refer to any person accessing the Sites (hereinafter referred to as “User”).

By his use of the Sites, the User signifies his full and unconditional acceptance of the Conditions applicable thereto, and undertakes to comply with them.

If he refuses the Conditions, he must refrain from making any use of the Sites and/or Services.

In the event of non-compliance with the Conditions, the Company reserves the right to refuse access to the Sites, notwithstanding its right to demand compensation from any third party for all direct and indirect damage liable to result from such non-compliance.

The Company reserves the right to make partial or total adaptations to the Conditions governing use at any time, without prior notice.

We thus advise consulting the Conditions governing use regularly, in order to be always aware of the most recent version.

Article 2.- Use of the Sites

In principle, use of the Sites is unrestricted and free of charge. For the use of certain Sites, the User must register, provide certain data and/or create an access code and/or a password.

Should the User refuse, it will not be possible for him to use the parts of the Sites concerned.

Where payment is required for the use of certain Sites, the User will be informed in advance, and notified of the applicable conditions, the prices and the method of payment.

The Company provides the User of the Sites with a non-exclusive, non-transferable licence, for an unlimited period, allowing him to download the content of the Sites for the sole purpose of displaying it on a single computer.

However, the said licence may be revoked at any time, with no grounds given.

The User may equally print a copy of the content of the Sites for his personal use, without modifying the content in any way whatsoever.

The Sites may be used solely for personal and private purposes by individuals and for exclusively internal purposes by professionals.

Accordingly, any use of the Sites for commercial purposes is strictly prohibited.

Users undertake not to commit any act liable to destroy the Sites or disrupt the smooth operation thereof.

In the event of misuse or improper use, the Company reserves the right to suspend and/or terminate the User’s access to the Sites without notice or warning.

Article 3.- Copyright and right of the producer of a database

All copyrights, brands, patents, intellectual property rights and other property rights applicable to the Sites shall belong at all times to the Company.

The Sites and/or Services constitute both a work protected by copyright and databases in respect of which the Company holds copyright and producer’s rights.

The texts, layout, drawings, photos, films, graphics and other elements on the Sites are protected by copyright.

The copying, adaptation, modification, translation, arrangement, public communication, rental or any other form of exploitation of part or all of the Sites, in any form whatsoever and by any means whatsoever, notably electronic, mechanical or others, is strictly prohibited without the Company’s prior written authorisation.

Any breach of the said rights shall give rise to civil or criminal proceedings.

Article 4.- Brands and trade names

The trade names, logos and other signs used on these Sites (specifically the Company’s logos and trade names) are legally protected brands and/or trade names.

Any use of the latter, or of similar signs, is strictly prohibited without the Company’s prior written authorisation.

Article 5.- Liability

The Company will do its utmost to ensure the proper operation of the Sites.

Save in the event of wilful default and/or binding legal provisions to the contrary, the Company will decline any liability for any loss or damage (direct, indirect, material, non-material, etc.) resulting from:

(1) the content of the Sites. The Company does not guarantee the accuracy, adequacy or completeness of the information posted on the Sites. The information available on the Sites, specifically with regard to the products and services offered for sale, may be modified without prior notice. The Company takes the greatest care in the creation, updating and maintenance of the site. However, should the User nevertheless find that the site contains inaccurate or obsolete information, or damaging or illegal content, or if he believes that one of his rights (intellectual or other) has been breached, he is urged to report it;

(2) the use made of the Sites;

(3) the security of the Sites. This provision applies in particular to any virus, computing error or computer fraud;

(4) the accessibility/availability of the Sites. The Company does not guarantee the permanent availability, via all technical platforms, without error or interruption, of all the functions on the Sites, or the immediate repair of errors or the immediate restoration of interruptions.

The Company shall, moreover, have the right to refuse access to the supplementary Services and Sites or to discontinue them at any time without prior warning.

The Company may under no circumstances be held liable for services and/or products, or invoicing in respect thereof, where the latter are provided by third parties and accessible via the Sites, even if the Company receives remuneration to that effect, or if it provides invoicing for such services and/or products on behalf of third parties.

In cases where the Company does have a liability, its liability is limited to the sum of € 100.00. The limitations and/or exclusions of liability upon the Company referred to above shall apply to the extent that they are valid by virtue of the applicable law.

Article 6.- Respect of privacy – processing of personal data

The Company and the User undertake to comply with the regulations in force applicable to the processing of personal data, and in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the GDPR).

The Company collects and processes the identity data and particulars which it receives from the User and any other relevant contact person. The purposes behind such processing are the performance of an agreement, customer and order management, accounting and direct prospecting activities, such as the dispatch of promotional or commercial information. The legal bases are the performance of a contract, the User’s consent, compliance with legal and regulatory obligations, and/or the Company’s legitimate interest.

The above-mentioned personal data will be processed in accordance with the provisions in the general data protection regulation, and – unless the User has consented otherwise – will be passed on only to sub-contractors, addressees and/or third parties to the extent necessary for the purposes of the said processing, as set out above.

The User is responsible for ensuring that the personal data he supplies to the Company are accurate and up to date. He undertakes to comply strictly with the provisions of the general data protection regulation with regard to the persons whose personal data he has supplied, as well as with regard to all the personal data he may possibly receive from his own clients.

Personal data are held and processed for a necessary period depending on the purposes of the processing and the relationship (contractual or otherwise). The User’s data will, in all cases, be removed from our systems on the expiry of a period of 7 years, or in the case of a contract, on the expiry of a period of 7 years from the end of the latter, save in the case of the personal data which we are required to hold for longer on the basis of specific legislation or in the event of an ongoing dispute for which the personal data are necessary.

By signifying his consent when entering or communicating his personal data, or by voluntarily browsing the Sites or when entering into a contract with the Company, the User consents, in addition to the processing operations defined above, to the collection and use of his personal data in the manner defined below.

The Company collects personal identification data (name, address, telephone number, email address, VAT number, total number of visits to the site, number of visitors per page of the site, domain names of providers of internet access to the visitors, IP addresses and cookies).

The User agrees that his data may be used by the Company for advertising, commercial or marketing purposes, and consents to receive information via his email address (newsletters, etc.) or by post.

The User equally undertakes to pass on the present information to any contact person or any proxy-holder or official representing him vis-à-vis the Company. The Client undertakes to obtain the consent of such persons with regard to the present data protection policy and the use of their personal data.

Right of access: the User has the right at any time to ask whether his data have been collected, for how long and for what purpose.

Right of rectification: the User has the right at any time to ask that any incorrect or incomplete data held about him be corrected or completed. If the User has a personal access code, he is at liberty at any time to make modifications to the encoded data by logging in to his personal account.

Right to limitation on processing: the User may ask for a limitation on the processing of his data. This means that the data in question must be “marked” in our computer system and that they can no longer be used for a certain length of time.

Right to deletion of data (“right to be forgotten”): Subject to the exceptions provided under the law, the User has the right to demand that his data be deleted. If the User wishes to disable the possibility of use being made of his personal data by the Company, he need only write to the address given in Article 1.

Right to the portability of data: the User may ask that his data be transmitted to him in a “format which is structured, commonly used and machine-readable”.

Right of claim: the User may bring a claim before the data protection authority.

The Company undertakes to implement the technical and organisational measures guaranteeing an adequate level of security to protect the confidentiality of the data. The Company will notify the client of any breach of personal data of which it is aware.

Article 7.- Hyperlinks

The Site may include links to other internet sites. To the extent that the Company cannot control such sites, it cannot be held liable for such sites being made available. It cannot carry any liability for the content, advertisements, products, services or any other material available on or from such sites. Moreover, the Company cannot be held liable for any loss or damage, proven or alleged, resulting from or in relation to the said use, or from the fact of having trusted the content, goods or services available on such sites.

Article 8.- Cookies

A cookie is a small text file saved by the server of a website to the browser on your computer or your mobile device when you consult that website. The cookie contains a unique code making it possible to recognise your browser when you visit the website (“session cookie”) or on repeated future visits (“persistent cookie”). Cookies may be installed by the server of the website that you visit or by partners with which that website collaborates. The server of a website can only read the cookies which it has installed itself; it has no access to any other information stored on your computer or your mobile device. Cookies are stored on your computer or your mobile device in your browser’s directory. The content of a cookie generally consists of the name of the server which installed the cookie, an expiry date and a unique code number. Cookies generally allow easier, more rapid interaction between the visitor and the website. They also help visitors to browse between the various parts of the website. Cookies can also be used to make the content of a website or an advertisement posted on that site more relevant to the visitor and to adapt the website to the visitor’s personal tastes and requirements.

Functional cookies are required in order to visit the Sites and use certain parts thereof. These cookies enable you, for example, to browse between the various sections of the websites, to fill in forms, to place orders, to consult a multilingual website and to update the content of your basket. In the same way, when you wish to access your personal account, for example in your administration space or with another application made available to you (e.g. Extranet, webmail, etc.), cookies are essential to enable your identity to be safely checked before access is granted to your personal data.

If you do not agree to accept these cookies, some areas of the website will not work as they should, or may even not work at all.

The Sites install a cookie on your computer for purposes of statistical analysis and measuring footfall on the site, and to simplify access to the site. This cookie will record information on visitors browsing the site. It stores information which you have entered during your visit, namely certain details regarding the visitor such as the domain name and the host computer from which the visitor is browsing the internet, the internet protocol (IP) address of the computer being used, the date and time when the visitor browses the Sites and the URL from which the visitor has come to the site.

Article 9.- Contribution by the Users

Users may communicate content (video, audio, text, photographic material) at certain locations on the Sites (hereinafter referred to as “Contributions”). Users give the Company the explicit authorisation to reproduce such Contributions on the Sites and thus to publicise them via the internet, anywhere in the world and without limitation as to duration, without being entitled to claim any financial or other compensation or any consideration.

Users are fully and solely liable for the content of their Contributions and the consequences of their dissemination via the Sites.

Users certify that they hold all the rights and/or authorisations necessary for the publication of their Contributions on the Sites as described above.

Funeral homes, undertakers, advertisers, Clients, visitors, the family of the deceased or any person wishing to post a death notice, obituary or other information must ensure that they hold all the necessary authorisations to enable them to publish such information or to issue a death notice, and to share such information via other applications or social media such as facefuneral. The aforesaid persons are solely liable for the publication and the parts of information, death notices or any other forms of obituary notice. The Company cannot be held liable in the event of any complaint, by a person or a family, or by any other person appearing on the death notice.

Users guarantee the Company against any complaint, claim or action by third parties or by any monitoring body with regard to their Contributions.

The Company does not check Contributions in advance. It nevertheless reserves the right not to publish or to remove from its Sites any illegal Contribution or any Contribution which may be reasonably considered to harm the rights of third parties, without first advising the User who has provided the content in question.

Article 10.- Preferences with regard to advertising

Much of the Company’s activity relies on obituaries entered by Undertakers, by the Company or by individuals, and on advertising, both on facefuneralapp services and our partners’ mobile apps and websites. It is thanks to advertising that the Company is able to offer its facefuneralapp as a free download.

The Company uses Users’ data and telephone number location-finding to show Users the announcements most relevant to them.

Within the parameters of the announcements, the User can check announcements by reference to his own subjects of interest. For instance, if you use the announcement personalisation parameters to show that you enjoy travel, you might see announcements for new trips and city breaks on your Smartphone when you log into our mobile app. If you disable the announcement personalisation parameters when you are logged in, you will no longer see any announcements relating to your areas of interest other than just on the services of the Company app that concerns you. However, the Company reserves the right to show advertising from its partners which does not relate to the User’s areas of interest. If the User is not connected, disabling the announcement personalisation parameters will affect only the announcements disseminated on the User’s areas of interest on the facefuneralapp services.

Article 11.- Absence of right of withdrawal

The right of withdrawal does not apply to the services and products offered on the Sites, to the extent that the latter may, by their perishable nature or immediate application, not be returned or cancelled or else have been personalised with regard to the Client’s information and characteristics (application of Article VI.53.§1 3° of the Economic Law Code) or else have already been used by the Client and can thus not be reused or sold on to another Client.

Article 12.- Characteristics of the articles offered for sale

The articles offered are those which appear in the catalogue published on the Site. Each product is accompanied by a description provided by the Company. The catalogue photographs are as accurate as possible, but cannot ensure an exact image of the article offered, particularly with regard to colours. Products presented on the site are offered while stocks last.

Article 13.- Rates

The prices given on the site are expressed in euros and include all taxes, including the VAT applicable on the date of the order. Any change to the rate may have a bearing on the price of the articles. The Company reserves the right to modify its prices at any time, it being understood that the price cited in the catalogue on the day of the order shall be the only one applicable to the Client. The prices given include handling fees, postage and shipping.

Article 14.- Orders

A Client wishing to purchase a product from the site must: - choose the articles and add them to his basket; - confirm the content of the basket; - fill in the identification form on the site or register on the identification form on which he must indicate all the details requested; - select the delivery method; - select the payment method; - accept the present general conditions; - confirm his order and his payment.

The Client may at any time during the order process view the details of his order along with the total price, and correct any mistakes, before confirming it to indicate acceptance.

The Client will receive an order confirmation by email.

The Company reserves the right to cancel or refuse any order coming from a Client with whom any dispute regarding payment for a previous order may still be outstanding.

By confirming his order, the Client accepts the present conditions of sale, acknowledges that he is perfectly aware of them and relinquishes the ability to prevail upon his own conditions of purchase or other conditions. All the details provided, and the registered confirmation, shall serve as proof of the transaction. By confirming, the Client is deemed to have signed and accepted the operations carried out.

Article 15.- Methods of payment

Orders placed on the site are payable in cash by one of the following payment methods:

(fill in: online payment managed by ING – monthly bill due sent via GSM)

Article 16.- Delivery of the products

Delivery is at the Client’s discretion, to the address supplied by the latter.

For all internet orders, the delivery address given in the order shall correspond to the address to which we send your order.

The delivery method is stated in the information referring to the article and in the confirmation email.

On receipt of the products ordered, the Client or the addressee must check that the goods delivered are in good condition.

Should one or more of the products ordered be missing or damaged, the Client or the addressee must lodge his claims upon receipt of the products.

The following shall be deemed to constitute instances of ‘force majeure’ relieving the Company of its delivery obligation: war, riot, fire, strikes, accidents and impossibility of obtaining supplies.

Article 17.- Jurisdiction and applicable law

The User is notified that he may file a claim on the ODR platform via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show

Belgian legislation shall apply to the Sites, and the courts in the legal district where the Company’s registered office is located shall have sole competence in the event of disputes arising from the use of the Sites.