These terms of use apply to your use of this website. It is important that you read this information carefully before continuing to use the website.


1. GENERAL


1.1. You are visiting a website of MXMERCH (BV Arcanii Media Entertainment, KBO 0836.995.182, with registered office in Koksijde).


1.2. These terms apply exclusively to our website available at https://mariskaxmerch.com and to your access and/or use thereof.


This website may contain hyperlinks to other websites, applications or web pages of third parties or refer to them in any way. MXMERCH has no control over the content or other characteristics of these websites, applications or web pages and is under no circumstances and in no way liable for their content or characteristics and offers no guarantee in this respect. The placing of links in or on this website by MXMERCH in no way implies implicit approval of the content of these websites, applications or web pages.


Accordingly, these terms of use do not apply to the content or use of these websites, applications or web pages and in no way cover the acceptable use policies of other service providers which you may use on or through this website.


1.3. By visiting/using this website you indicate your agreement with these terms of use. Insofar as you purchase products on our website, the provisions of our general terms and conditions (available at: Mariskaxmerch) by which you are bound shall prevail in the event of contradiction with these terms of use. These terms of use apply without prejudice to the application of our general terms and conditions and our privacy policy.


1.3. By visiting/using this website you indicate your agreement with these terms of use. Insofar as you purchase products on our website, the provisions of our general terms and conditions (available at: hyperlink) by which you are bound shall prevail in the event of contradiction with these terms of use. These terms of use apply without prejudice to the application of our general terms and conditions and our privacy policy.


1.4. We reserve the right to change these terms of use at any time. These changes will apply to your access to and/or use of this website following such change(s). Continued use of the website will be deemed to constitute acceptance of the amended or new terms.


2. USE OF THE WEBSITE


2.1. You certify and declare that you will use this website with due care and accept that you are responsible and liable for any use thereof (e.g. carrying out a transaction and/or placing an order on or through the website).

2.2. You are required to use the website for legitimate purposes only. Any information that you place on the website yourself (where possible) must be complete, correct, specific and reasonably relevant, must not contain viruses or other malware that may cause technical errors or unauthorised actions on the website/web application or are in any way harmful to the system of MXMERCH and/or to your (personal) data or those of other users of the website, must not conflict with the applicable (Belgian and European) law, such as the General Data Protection Regulation (EU) 2016/679 (hereinafter referred to as "GDPR") and Book VI of the Code of Economic Law, and must not infringe the rights of third parties, including but not limited to intellectual property rights. You shall indemnify MXMERCH in principal, interest and (court and lawyers') costs against any claim in this respect.


2.3. You must have a sound and stable internet connection and high-performance hardware and software that is suitable for (the services of) the website. You must also have sufficiently adequate and recent antivirus, anti-spyware and firewall protection on your systems.


2.4. In the event that the systems of MXMERCH, its partners, service providers, suppliers and/or other users or website visitors suffer damage as a result of the exchange of computer viruses or other harmful files, only you shall be fully and unrestrictedly liable vis-à-vis MXMERCH and you shall indemnify MXMERCH fully and unrestrictedly, in principal, interest and (court and lawyers’) costs, against any claim from third parties (including partners, service providers, suppliers and clients/users of MXMERCH) who would suffer damage as a result.


2.5. MXMERCH has the right, unilaterally and without prior notice of default, to deny you access to the website (or part of it) and/or to terminate the contract with you immediately, in the event that you fail to comply in any way with the current terms of use, the general terms and conditions, privacy policy of MXMERCH and/or the other provisions of the contract with MXMERCH. In this case, MXMERCH shall not be liable in any way whatsoever for any damage you may suffer as a result.


3. INFORMATION AND CONTENT - AVAILABILITY


3.1. MXMERCH endeavours to ensure that all information and content on the website, in the broadest sense, including photos, video files, texts, etc., is correct, complete and up-to-date. Despite our efforts, inaccuracies may occur for which MXMERCH accepts no liability whatsoever.


3.2. MXMERCH endeavours to ensure that the website is accessible and available 24 hours a day, but cannot guarantee this. MXMERCH cannot exclude the possibility that malfunctions, interruptions or technical errors may occur that limit or prevent access to the website.


3.3. The information on the website is of a general and indicative nature, is not adapted to personal or specific circumstances, can never be considered as personal advice or a contractual obligation (of result) and cannot give rise to damages or termination of the contract with MXMERCH. The information on the website is available in the condition as consulted without any guarantees (e.g. regarding content / pictures on the website) being given. The use of the website and the information it contains is therefore exclusively at your own risk and responsibility. You acknowledge and accept that MXMERCH's obligations with regard to the operation, security and content of the website are purely best efforts obligations.


3.4. MXMERCH reserves the right to remove, change, improve and/or update the content, information, presentation, accessibility and/or availability of any part of this website at any time.


4. PROCESSING OF PERSONAL DATA


MXMERCH takes care of your privacy and acts in accordance with the applicable laws on the protection of personal data (including the GDPR). Our privacy policy applies to the processing of your details by MXMERCH, which is available at Mariskaxmerch.


5. INTELLECTUAL PROPERTY


5.1. This website, parts thereof and all information and/or content on, connected to and/or generated by the website, including but not limited to all texts, images, logos, graphics, formulas, video files, sound files, HTML codes, software, databases, the design or any other creation, content or information on or related to the website, belong to the exclusive intellectual property of MXMERCH or its licensors.


In other words, you are prohibited at all times (including before or after termination of the contract with MXMERCH) from reproducing or communicating the website (or parts of it), including all information linked to or generated by the website and/or its content, to the public in any way without the written and prior permission of MXMERCH or its licensors.


5.2. Nothing in these terms of use can be interpreted as a transfer or licence of or in relation to the intellectual property rights of MXMERCH or its licensors to you.


5.3. You acknowledge and accept that the information or content on the website may be subject to protection by (intellectual property) rights of third parties. You declare that you will observe these rights and indemnify MXMERCH in full, in principal, interest and (court and lawyers’) costs for any infringements of these rights incurred by you.


6. LIABILITY


6.1. MXMERCH is in no way liable for:


  • the quality, completeness, correctness, suitability, availability or form of the information on or generated by the website or by other (external) websites or applications to which reference is made by (even permitted) hyperlinks on the website;

  • any decision made or action taken by you on the basis of the content or information on the website;

  • any malfunctions, interruptions, technical errors, incorrect technical manoeuvres, unauthorised actions (including hackers), viruses, etc. on the website;

  • (the functioning and/or availability of) software and/or applications of third parties or the consequences thereof for the use of the website;

  • indirect or consequential damage (including but not limited to loss of time, loss of an opportunity, loss of profit, loss of income, emotional damage, etc.);

  • a minor error other than intent or a serious error equivalent to intent;

  • cases of force majeure.

6.2. Under no circumstances can MXMERCH be held liable jointly and severally with third parties to compensate for any damage.

6.3. In any case, MXMERCH's liability, both for direct and indirect damage, even in the event of material damage, shall be limited to the lower of the following amounts: (i) the amount charged to you as (possible) customer for the purchase of products on the website, (ii) the payments received by MXMERCH under the contract with you for or in connection with the (online) sale of our products and/or (iii) the amount for which MXMERCH is insured with its civil liability insurer, with the maximums per claim as determined in its relevant civil liability insurance policies.


6.4. You shall indemnify MXMERCH in full in principal, interest and (court or lawyers’) costs for any claims by third parties in connection with or in any way resulting from your visit to and/or use of this website.


7. COMPLAINTS


Complaints arising from the use of this website or the application of these terms of use can be reported to MXMERCH by e-mail: mx.merch.shop@gmail.com and/or via the information mentioned in our complaints procedure available at Mariskaxmerch


8. APPLICABLE LAW


8.1. These terms of use are governed exclusively by Belgian law.


8.2. For any dispute that may arise concerning (the interpretation or application of) these terms of use or that may result from any use of this website, only the courts of Veurne, Veurne division(s), Belgium, have jurisdiction.