GENERAL CONDITIONS OF THE DIRICKX INDUSTRIES WEBSITE
The website is available at dirickx.fr/.com.nl (hereinafter referred to as the « Site ») permitting DIRICKX INDUSTRIES to present to the visitor of the Site, whether he is a private individual or a professional (hereinafter referred to as the « Internet user »), the different products in its catalogue, as well as them benefiting from different functionalities made available to them through several spaces/sections, offering them the possibility to :
- request documentation or information relating in particular to the products and services offered on the Site via a contact form ;
- consult the answers given to the most frequently asked questions by customers via the FAQ section ;
- be guided in its choice of products using the search tab and, if necessary, product configuration ;
- locate all DIRICKX INDUSTRIES product distributors ;
- download the DIRICKX INDUSTRIES catalogue in digital format ;
- request a quote online ;
- consult the communications made by DIRICKX INDUSTRIES ;
- be able to access DIRICKX INDUSTRIES’ social media accounts (Facebook, YouTube, LinkedIn, Instagram, Pinterest….) ;
- apply for a job whose offer appears on the Site or spontaneously.
Some features are accessible only by creating a personal space on the Site (hereinafter referred to as « myDirickx Space »). The myDirickx Space permits the User (hereinafter referred to as the « User ») to benefit from the following features :
- register for the Newsletter ;
- save the products selected by the User in the « My selection » tab.
These spaces providing access to specific features are an integral part of the Site.
Design and Development : Passerelle.com
4. ACCESS TO SITE CONTENT
4.2. Access to the Site and its features is free of charge. The Internet user shall be solely responsible for the costs related to the equipment and to the establishment of the internet connection necessary to access the Site and use the functionalities as well as the telephone costs resulting from calls originating from it in connection with access to, or use of, the Site.
4.3. DIRICKX INDUSTRIES makes best efforts to provide precise and accurate information on the Site. DIRICKX INDUSTRIES regularly updates this information according to its availability. However, this content is provided for information purposes and is not contractual. The same is applicable for requests for quotations or prices through the contact form, which are projects communicated via the e-mail address provided by the Internet user, the final estimate will be recalculated by the commercial department of DIRICKX INDUSTRIES before any final validation.
4.4. Despite all the care taken for the content and updating of the Site, errors, inaccuracies or omissions may occur as well as problems of connection to the Site or interruption in connection. DIRICKX INDUSTRIES disclaims any responsability in this regard.
5. EMAIL ADDRESS
5.1. The use and access to certain features such as contact requests or downloads of datasheets, or access to the myDirickx Space, require the entry of an email address.
5.2. The Internet user/User is the sole guarantor of the pertinence and accuracy of the email address provided to DIRICKX INDUSTRIES. As a result, the Internet user/User undertakes to regularly check and update its email address.
5.3. Specifically with respect to the myDirickx Space, this email address must be personal and unique in order for a single email address to be associated with a single myDirickx Space. Confirmation of this email address is required to create the account, in order to benefit from the features offered on the myDirickx Space.
5.4. All direct or indirect consequences resulting from the sending of an email responding to a request (for example contact request or price request) to a modified email address without having notified DIRICKX INDUSTRIES is the sole responsibility of the Internet user/User. The Internet user/User is informed as to the unpredictability of the delay that can run between the moment when he issues his request and when DIRICKX INDUSTRIES receives it.
6.1. If the User is registered, from his myDirickx Space, to the newsletter (Newsletter) of the Site, the email address entered for the creation of his myDirickx Space will also be the one used to receive the Newsletter.
6.2. The User is the sole guarantor of the pertinence and accuracy of the email address provided to DIRICKX INDUSTRIES. Consequently, the User undertakes to regularly check and update his email address.
6.3. The User has the possibility to unsubscribe from the Newsletter by clicking on « click here to unsubscribe ». The User must then confirm, or not, his request by clicking on « Yes, unsubscribe » or on « No, cancel ». Unsubscribing from the Newsletter does not deactivate the myDirickx Space.
7. BEHAVIOUR AND OBLIGATIONS OF THE INTERNET USER
7.1. The Internet user, whether solely the Internet user or also the User, undertakes to use the Site and the functionalities proposed therein by behaving responsibly, courteously and in compliance with the rules in force and undertakes in particular to :
- not engage in any unlawful activity on the Site, including, but not limited to, communication through the Site of illegal, offensive or defamatory content, incitement to racial hatred, glorification of terrorism or any content contrary to good morals ;
- not engage in any activity on the Site that is likely to cause harm to third parties including anything that does not infringe the right to privacy through the Site, the image rights, intellectual property rights or other proprietary rights of any third parties ;
- not endanger the integrity and/or the proper functioning of the Site and/or of any of its functionalities, including, but not limited to, not to seek to violate the security measures put in place on the Site, not expose the Site to a virus, do not seek to access a myDirickx Space that is not its own, do not infringe or seek to limit or destroy the operation of the Site and/or any of its functionalities, do not create an overload on the servers of the Site ;
- to guarantee the lawfulness, completeness and accuracy of the information and data which it may have to provide to DIRICKX INDUSTRIES ;
- assume all risks and responsibilities related to access to, and use of, the Site and its functionalities, which must remain under its complete control.
8. MYDIRICKX SPACE
8.1. Access to myDirickx Space
8.1.1. Access to the myDirickx Space requires the creation of an account and the entry by the User of information concerning him during his first login.
8.1.2. Access to the myDirickx Space requires the entry of the civil status, the surname, the first name, the quality (professional or private individual), the postcode, the town, the email address and a password specific to each User and chosen by him (hereinafter referred to as the « Confidential Access Code »).
8.1.3. The Confidential Access Code is strictly personal to the User and is confidential. It must meet at least 4 of the following 5 conditions : at least 8 characters (mandatory), at least one capital letter, at least one lowercase letter, at least one digit, at least one special character. The User agrees not to communicate the Confidential Access Code to a third party, even temporarily, allowing him to have access to personal data.
8.1.4. In particular, the User must ensure that he logs out of his myDirickx Space after each use.
8.1.5. Any access and actions carried out with the Confidential Access Code of a User is deemed to have been carried out by that User and remains his responsibility. The User is solely responsible for the consultation or completion of requests resulting from the fraudulent, misappropriated or unauthorised use by a third party of its Confidential Access Code. In the event of loss or theft of the Confidential Access Code, the User must immediately inform DIRICKX INDUSTRIES, so that a new code is assigned to him.
8.1.6. The direct or indirect consequences resulting from the absence of alerts or late alerts will be the exclusive responsibility of the User.
8.1.7. In case of omission or loss of the Confidential Access Code, the User is invited to follow the procedure provided for this purpose by clicking on the link « Lost password ? ».
8.2. Disabling myDirickx Space
8.2.1. The User may at any time request the deactivation of access to his myDirickx Space by clicking on the link « delete my account ». The User must then confirm his request on the confirmation message that will be displayed. The User, having terminated the account that allowed him to access his myDirickx Space, can no longer take advantage of the various features offered on the myDirickx Space. The deactivation of the myDirickx Space causes the unsubscription to the Newsletter.
If the User finds that the information on his myDirickx Space is not his or if it contains an error, DIRICKX INDUSTRIES must be informed immediately. Fraudulent use of the Confidential Access Code by a third-party user of one of the features offered by the Site, may cause harm and lead to criminal proceedings. According to Article 323-1, paragraph 1 of the new Penal Code : « The act of accessing or maintaining, fraudulently, in all or part of an automated data processing system, is punishable by two years of imprisonment and a 30,000 euros fine. »
If you think you have been the victim of fraud or identity theft on the internet, if you have received a suspicious email asking you to reveal your personal information or your Confidential Access Code, you must report it to DIRICKX INDUSTRIES without delay.
For any request for assistance, complaint or alert, related to the access or use of the Site, the Internet user is invited to contact DIRICKX INDUSTRIES by email at the email address firstname.lastname@example.org or by post at : DIRICKX INDUSTRIES – LE BAS ROCHER – 53800 CONGRIER, France.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. General Provisions
11.1.1. The Site and its content are protected by intellectual property rights. Unless otherwise stated, all information and documents on the Site and all elements created for the Site, are the property of DIRICKX INDUSTRIES and are protected by intellectual property rights. The general structure, the logos, as well as the text, images, photographs, videos, catalogue, product page, data sheet, notices, video tutorials, BIM models, 2D objects and other contents, are the property of DIRICKX INDUSTRIES or its content providers or partners and are subject to the provisions of the Intellectual Property Code.
11.2. Trademarks and Ownership of Rights
11.2.1. The names DIRICKX INDUSTRIES, DIRICKX INDUSTRIES GROUP, LA MAISON DE LA CLOTURE BY DIRICKX INDUSTRIES, DIRICKX INDUSTRIES ESPACE PROTECT YOUR SAFETY PARTNER, DIRICKX INDUSTRIES, ESPACE CLOTURE DIRICKX INDUSTRIES and ESPACE DIRICKX INDUSTRIES are regularly registered trademarks.
11.2.2. The other trademarks mentioned on the Site are the property of the content providers or partners of DIRICKX INDUSTRIES and their use without the express and prior permission of these rights holders is therefore prohibited.
11.2.3. Unless otherwise stated, the corporate names, logos, products and brands mentioned on the Site (products ® and ™) are the property of DIRICKX INDUSTRIES. They may not be used without the prior written permission of DIRICKX INDUSTRIES.
11.2.4. Any total or partial reproduction of the trademarks appearing on the Site, without express and prior authorisation is therefore prohibited.
11.3.1. In accordance with the provisions of Articles L341-1 and following the Intellectual Property Code, DIRICKX INDUSTRIES is the producer and owner of all or part of the databases that make up the Site.
11.3.2. Any operation to extract, reuse, store, reproduce, represent or retain, directly or indirectly, by permanent or temporary transfer, on any medium, by any means and in any form, including hyperlink(s), all or a substantial part qualitatively or quantitatively of the contents of the databases appearing on the Site, as well as any operation aimed at making repeated and systematic extraction or reuse of non-substantial parts qualitatively and quantitatively, where such operations clearly exceed the conditions of normal use, is therefore prohibited.
11.4.1. Hyperlinks to websites or other external sources that are not managed by DIRICKX INDUSTRIES may appear on the Site. These possible links are offered to the Internet user by DIRICKX INDUSTRIES as a service. The decision to activate the links belongs exclusively to the Internet user. DIRICKX INDUSTRIES cannot be held responsible for making these sites and other external sources available through the Site and declines any responsibility for their content or the content to which they refer.
11.4.2. Any creation of a simple and/or deep hyperlink to the Site or use of the technique known as « framing » without the prior and express consent of DIRICKX INDUSTRIES is illegal. Consequently, no element appearing on a page of the Site may be partially or totally distributed, transferred or inserted on another website, or used to create derivative products, unless expressly authorised by DIRICKX INDUSTRIES. Any simple or deep link and/or « framing » must be expressly authorised by DIRICKX INDUSTRIES in writing.
11.5. Respect of intellectual property rights by the Internet user
11.5.1. The Internet user agrees to respect the intellectual property rights of which DIRICKX INDUSTRIES, its content providers and its partners are owners, and forbids to make any use of it.
11.5.2. With the exception of the reproduction and use of all documents and information published on the Site for information purposes only, for personal and private use and provided the source is acknowledged, any reproduction or representation of the Site in whole or in part without the express prior consent of DIRICKX INDUSTRIES is unlawful. For any request relating to the use or reproduction of content or documents from the Site, please contact by post at : DIRICKX INDUSTRIES – LE BAS ROCHER – 53800 CONGRIER, France and by email at : email@example.com.
11.5.3. With the exception of the strictly personal and private use by the User of the structure of the Site and its software elements, the use of the structure of the Site and its software elements including in particular, all or part of the databases of the Site, for use for business and/or commercial purposes, is prohibited.
11.5.4. Any violation of the provisions of this article is liable to incur the liability of the Internet user, in particular civil and criminal, for acts of counterfeiting, unfair competition and/or parasitism and will expose the latter to legal proceedings. DIRICKX INDUSTRIES, its content providers and partners also reserve the right to take any emergency measures to stop the infringement of their rights.
12. PERSONAL DATA AND COOKIES
DIRICKX INDUSTRIES carries out personal data processing within the framework of the Site. The information on the data collected, the processing carried out, the rights of the Internet user as well as the cookies, are detailed in the personal data policy of DIRICKX INDUSTRIES accessible by clicking on personal data.
13. LIMITATION OF LIABILITY
13.1. DIRICKX INDUSTRIES makes its best efforts to ensure the proper functioning and security of the Site and its functionalities, as well as the accuracy and updating of the information contained therein. However, despite all the care taken in the production of this Site and its regular updating, the Site is likely to contain inaccuracies and/or errors in the information it contains. Changes and updates are regularly made on the Site by DIRICKX INDUSTRIES which cannot be held responsible for quality, accuracy, the order or completeness of the data appearing on the Site and has no obligation to update the information.
13.2. DIRICKX INDUSTRIES excludes any guarantee whatsoever as regards :
- the content of the Site and all the information accessible on and from the Site. Under no circumstances shall DIRICKX INDUSTRIES (or any third party involved in the creation or operation of the Site) be liable to any User or any other third party for any direct or indirect damages arising from the use of the Site, the use of the information communicated on the Site and/or the use of a product to which this information refers. It is the Internet user’s responsibility to verify the accuracy of the information provided ;
- malfunctions, incompatibilities, security flaws, configuration or update problems related to the Internet user’s personal equipment ; or related to its browser and affecting its access to, or use of, the Site or any of its functionalities ;
- malfunctions caused by access providers, transfer times of documents or information ;
- malfunctions or interruption of access to the Site or to one of its functionalities due to a force majeure event within the meaning of the law and case-law ;
- the temporary interruption of the operation of the Site following an action by DIRICKX INDUSTRIES to improve the Site or one of its functionalities or during maintenance operations (scheduled or emergency) that DIRICKX INDUSTRIES may be required to implement occasionally and without notice. DIRICKX INDUSTRIES cannot be held responsible for any damage caused by such updating or maintenance operations.
- malfunctions of the myDirickx Space which DIRICKX INDUSTRIES reserves the right to interrupt at any time and without prior notice.
14.1. The Site is scalable and DIRICKX INDUSTRIES may have to modify its content, functionalities or location in its sole discretion, unilaterally, at any time and without notice.
14.2. DIRICKX INDUSTRIES reserves the right to modify or correct the content of the Site and its configuration. DIRICKX INDUSTRIES also reserves the right, under the same conditions, to remove, modify or correct the services or content of the Site, to limit, suspend or prohibit access, temporarily or permanently.