www.toscashop.eu, as well as all its subpages and/or folders (hereafter referred to as the "Website") is the property of, and is being operated by NV Tosca, registered in the Crossroads Bank for Enterprises under the number 0463.321.092 and with registered office at 2630 Aartselaar, Industrieweg 1 (hereafter referred to as "Tosca" or "we" or "us" or "our"). Tosca operates the Website in its own name.
By accessing or using the Website, you declare to have read, understood and accepted these General Terms and Conditions unconditionally. You agree to be bound by them and undertake to respect them. Should you not agree with these General Terms and Conditions, you are not authorised to use the Website in any way. When you violate the General Terms and Conditions, Tosca reserves the right to deny you access to the Website, subject to Tosca’s or any other third party’s right to claim damages for any direct or indirect damage suffered as a result of this violation. Given the importance of these General Terms and Conditions, we advise you to read them carefully.
Visiting the Website is basically free of charge. If you want to use specific services offered on the Website, you may have to register, provide certain information and/or create an access code and/or password (create an “Account”). If you do not agree with this, the use of these services on the Website will not be possible. You undertake not to act in any way that may disturb the functioning of the Website. In the event of abuse or improper use, Tosca has the right to deny you access to the Website without prior notice of default or warning and without you having any right to claim damages of any kind.
Accounts are personal and cannot be transferred. Your personal access code and password must be kept confidential. You are solely responsible for the use of your login and password. To prevent a third party from gaining unauthorized access to your Account, you must log off at the end of each session.
Tosca may, at any time, and without any obligation to inform you, amend these General Terms and Conditions, and any other information including prices, on the Website by amending the relevant text. Furthermore, Tosca may, at any time and without prior notice, implement improvements or changes to the products, services or programmes that can be consulted on the Website.
The terms and conditions agreed in writing between yourself and Tosca take precedence. The General Terms and Conditions of this Website are supplementary to the specific terms and conditions agreed upon in writing between yourself and Tosca. In the event of inconsistencies between these General Terms and Conditions and the specific terms and conditions agreed upon in writing between yourself and Tosca, the latter will prevail. In any case, your general terms and conditions do not apply.
Any information or details we need from you, and you provide us with, is deemed not to be confidential. By providing us with information and details via the Website you grant us the right to reproduce, publish, distribute, depict in public, change this information, and use this information or these details in any way on a worldwide basis, without time limitation and without this giving rise to any financial or other compensation or consideration. You agree that Tosca may use freely any ideas, concepts, knowledge and techniques you send us for whatever purpose, without limitation of time, space or carrier.
You can share information on specific parts of the Website and on specific websites you may be referred to via the Website. You are entirely and solely responsible for its content and for the consequences of its distribution. By sharing this information, you declare that you possess all rights and/or permission necessary for its publication on the Website. You will indemnify Tosca for any complaint, claims of action of third parties or of any supervising authority with respect to the information shared by you. We do not check your communication prior to publication. Nevertheless, we reserve the discretionary right not to distribute your communication or to remove if from the Website without informing you of it.
The texts, images, data, databases, software, names, trade names and domain names, trademarks, logos offered are protected by intellectual property rights that are the property of Tosca or a third party. The information offered on and via the Website may only be reproduced, communicated, distributed, changed, published, sold or transferred to a third party with Tosca’s prior written consent. You can represent, page through, consult and/or print short fragments of the Website on the condition that this use is reasonable and does not consume an unreasonable part of the bandwidth Tosca uses for the Website. Obviously, the fact that we grant you permission to surf the Website does not give you any intellectual property rights to the protected elements that are the property of Tosca or a third party. You cannot claim any of these elements.
This website may contain hyperlinks that may lead you to websites that are not Tosca‘s property and/or are not managed by it. The use of such websites is subject to the terms and conditions of these third party owners.
Tosca takes great care over the content of the information distributed on the Website. Even though we go through every effort to ensure the correctness of the information offered we cannot guarantee that the information on this Website is correct, complete and trustworthy or that such information is kept up-to-date. The use of the Website is entirely at your own risk. All materials, information, software, programmes and services are delivered "as is", without any guarantee. As far as legally permitted, Tosca excludes any express, tacit, legal and other representations and warranties. Tosca cannot be held liable for any inaccuracy or untimeliness of the information offered directly or indirectly on the Website, nor for any improper use of the Website’s content by third parties. Tosca may appeal to external partners to provide you with the best possible service on this Website. Tosca cannot be held liable in any way for mistakes, inaccuracies, incompleteness or any other irregularities caused by these third parties. Tosca can also not be held liable for any interruption and/or discontinuation of the services offered via the Website, nor for any consequences resulting from it for yourself or any third party. Tosca cannot be held liable for any damage to the data or the hardware of your computer when visiting the Website. You download or otherwise obtain materials, information, software, programmes or services by your own judgment and at your own risk. You are solely responsible for any damage resulting from it, including loss of data or damage to your computer system. More specifically, Tosca denies any responsibility for the passing on of viruses and/or malware via the Website. Tosca will take the necessary precautions to prevent unauthorised access to its information systems. If, in spite of this, Tosca became a victim of it, it cannot be held liable for any damage resulting directly or indirectly from it. In any case, Tosca cannot be held liable for any consequential damage directly or indirectly resulting from the Website, the use of it or any website or source of information referred to from the Website or which is or becomes accessible through the Website.
The Website may embed third party’s files or may contain hyperlinks to third party’s websites. Tosca has no control over the content of these websites or files and can therefore not be held liable for it. The use of hyperlinks by Tosca does not imply a tacit consent with the content of these websites or files these hyperlinks refer to.
The fact that Tosca does not exercise or enforce certain rights under these General Terms and Conditions or any stipulation of the Website, cannot be seen as a waiver of that right or a waiver of Tosca’s right to enforce any other stipulation. A waiver by Tosca of any violation of any stipulation of these General Terms and Conditions will not be deemed to be a waiver of any violation of any other stipulation of these General Terms and Conditions.
The fact that one stipulation of these General Terms and Conditions is null and void or not enforceable does not render any other stipulation, or the entirety of these General Terms and Conditions null and void or unenforceable. In the event that the validity or enforceability of any stipulation of these General Terms and Conditions is questioned or challenged, all parties involved will, in good faith, do what is reasonably necessary or useful to ensure that this stipulation remains lawfully valid, or will replace such stipulation by another stipulation with equal economic effect for all parties.
Belgian law applies exclusively. In the event of a dispute, the parties involved will endeavour after a reasonable amicable solution. If, in spite of such efforts, no amicable solution can be reached, any dispute resulting from this Agreement falls under the exclusive competence of the courts of Antwerp, district of Antwerp, on the understanding that Tosca will always have the option to choose the competent court of the judicial district of the other party.