TERMS AND CONDITIONS
Introduction and Acceptance of the Terms and Conditions
The general Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’ or ‘the User’ or ‘the Customer’ or ‘the Member’) and ‘Ensemble’ (hereafter also referred to as ‘We’ or the ‘Website’), belonging to ?, the company Era Zerrouki SRL, company address Klauwaartslaan 2, 1853 Strombeek-Bever, VAT no BE0743422747, company email address firstname.lastname@example.org. Both parties accept these Conditions unreservedly. These general Conditions of Sale are the only conditions that are applicable and replace all other conditions, except in the case of express. written, prior dispensation. We maintain that, by confirming your order, you have read and do unreservedly accept our general Conditions of Sale. These Terms and Conditions of Sale are important to you and Ensemble as they are used to protect your rights as a valued customer and our rights as a business.
Changes to the Terms of Service and the Website
Ensemble is a work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms of Service will be taken to mean that you have read and agree to the changes.
Access to and the use of the Website
The content of this Website is provided to the user only for the purposes of general information about Ensemble and its activities. Access to the extranet by granting a password is subject to special conditions. The content of this Website may only be used as part of the services offered on this site and for personal use. This Website cannot be used as a basis for any evaluation of Ensemble or Era Zerrouki SRL and can in no way bind or be enforceable against Era Zerrouki. Nothing on the Website may be considered as an offer to purchase or provide services or to conclude a contract.
We work hard to ensure the Website is always up and available, but we can’t guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for general maintenance, but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any length of time.
To the extent permitted by law, Era Zerrouki cannot be held liable for direct or indirect damage, or for any other damage of any kind, resulting from the use of this Website or the inability to use it. Era Zerrouki can in no way be held responsible for the actions of users of the Website, nor for the misunderstanding or use of data or information published on the Website.
Use of this Website is under the sole responsibility of the user. Any material downloaded or obtained in any other way while using the service is at the user’s own risk. The user acknowledges that he would be solely responsible for any damage to his computer system or any loss of data resulting from the downloading of any content from the Website.
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms of Service.
Ensemble takes great care when putting product information, descriptions and images on-line but will not be held responsible for any mistakes or omissions to any information given.
The prices indicated on Ensemble are shown in Euro and include delivery only when clearly indicated. The supplementary costs are clearly shown and invoiced at the end of the order in addition to the price of the products. We reserve the right to modify our prices at any moment, but this will be indicated to you on the order at the time the order is placed. If an obviously incorrect price appears on our website and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the payment refunded to you, even if it has been initially validated.
We will always endeavour to fulfil your order once completed and paid for. If a product should become unavailable after your order has been confirmed and paid for, we will refund the price you paid for the product within 30 days following the date of payment. If your order includes products that are temporarily unavailable, we will send the available products out first and will follow with the outstanding items once they are available again. We will refund the shipping fees for the rest of the order. If relevant, we will offer you a replacement for an unavailable product, a product of equal price and quality. If you accept the replacement but are not satisfied, you may return it to us in the conditions outlined under Right of Return. If you choose to decline this offer, and the original product is permanently unavailable, we will reimburse the price of the unavailable product.
Ensemble currently offers one way to pay for your order, PayPal. These payment options use advanced SSL encryption to keep your transaction secure and do not cost you anything to use (Ensemble is charged as the seller, you are not charged as the buyer) so you will not pay any extra for your order. You do not need to hold an account with these Merchants to use these methods of payments. Please refer to PayPal for full terms and conditions of use.
Privacy and protection of personal data
The details you give us are essential for the processing and delivery of your orders, for billing and for the establishment of warranty contracts, therefore failure to provide these details will result in the cancellation of your order. By registering on the Site, you agree to provide us with sincere and true information as it concerns you. Communicating false information is contrary to the present general Terms and Conditions.
You have the permanent right to access and rectify all the information that concerns you, in accordance with European texts and national laws in place (article 34 of the law of 6 January 1978). You can at any time make a request to Ensemble to find out what personal information we hold concerning you. You may at any time, and by request, modify this information.
Cookies record certain information stored on your hard drive. This information enables us to generate statistics based on data from visitors to our site and suggest products that might interest you according to the items that you selected when you previously visited the site. Cookies do not contain any confidential information about you.
All the content on Ensemble website (illustrations, texts, photogarphs, names, brand names, images, icons, videos and data) is the property of Ensemble. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorisation by Ensemble. All information, content and files are protected by International law concerning intellectual ownership and copyright. In addition, third parties may have rights (including intellectual property rights) on certain data available on the Website.
Unless explicitly authorized on the Website, you may not, under any circumstances, copy, reproduce, represent, modify, transmit, publish, adapt, distribute, disseminate, license, sell, on any medium whatsoever and by any means, or exploit in any way, all or part of this Website without the prior written permission of the holder of the copyright or any other related right.
Ensemble cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offence of forgery, which is severely punished under the Intellectual Property Code.
Ensemble will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.
Waiver and Severability
Any failure of Ensemble to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Ensemble, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Feedback & Comments
Any opinions left on the Website by Ensemble’s customers are screened and moderated by Ensemble. If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary…), Ensemble reserves the right to refuse or modify them.