Terms of use

for www.ideamurale.com

Latest update: March 2018

1. INTRODUCTION

This webpage states the terms and conditions under which you may access the website www.ideamurale.com (the “Website) as its user (“User”), use the services and review the materials that are available on it. Please read these terms of use (“Terms of Use”) carefully before you start using the Website.

By accessing and using the Website you give your consent to observe and to be bound by these Terms of Use and any subsequent supplements and amendments thereto and you re-affirm that consent every time you access the Website. The Terms of Use set out your rights, obligations and duties of and those of the Company, as defined below, regarding the access to and use of the Website. If you do not accept these terms and conditions, please do not use the Website and leave it immediately.

The Website www.ideamurale.com is registered to the name of and is operated and maintained by Lava Design Ltd., with registered seat and management address at 7, Stefan Stambolov Street, fl.2, ap.2, Varna 9000, Bulgaria registered in the Company Register with the Registry Agency under uniform ID code 148147349 (hereinafter referred to as “Lava Design Ltd.”, “the Company” or “We”).

The Terms of Use govern the relations and are binding on you, as a User of the Website, and on the Company. The Terms of Use do not regulate any relations between the Users of the Website.

Certain parts/segments/modules of the Website or services available on the Website could contain other terms, request from you to give your consent to certain additional terms or to submit information specifically intended for these parts/segments/modules or services. In case of any contradiction or discrepancy between these Terms of Use and the terms you should accept in order to use other parts/segments/modules of the Website or services, available on the Website, the latter will prevail, where it is your obligation to read them.

Unless otherwise explicitly specified, the words and expressions written in capital letters in these Terms of Use, shall have the meaning ascribed to them in the General Terms and Conditions on Distance Selling from the www.ideamurale.com.

2. USERS

(1) Website Users could be legal entities and natural persons, who have full legal capacity.

(2) All of the users of the Website, have access to the following services:

(i) review of the design of the wallpapers in catalogue, available on the Website;

(ii) consultations on the choice of Products available in the Online shop of the Company;

(iii) other services that may be available on the Website at the Company’s sole discretion.

(3) Users have access to the following additional services:

(i) sending of requests, from the www.ideamurale.com to the Company, available on the Website, in compliance with the General Terms and Conditions on Distance Selling;

(ii) storage of client’s information- possibility for faster and easier finalizing of the process of ordering of Products from www.ideamurale.com. Thus, the User would not have to fill in his/her personal data several times (name, delivery address);

(4) Request the quote on the Website is free.

3.WEBSITE ACCEPTABLE USE TERMS

(1) You may use the Website in accordance with the law, these Terms of Use and other documents, applicable to the services, offered on the Website. You may not use the Website:

(i) in any way that breaches any applicable local, national or international law or regulation;

(ii) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

(iii) for the purpose or with the result of harming or attempting to harm the Company, other Users or any third party;

(iv) to transmit, publish on the Website or procure the sending of any unsolicited or unauthorised commercial, advertising or promotional materials, unsolicited messages, spam, junk mail or any other form of similar solicitation, flood, as well as for obtaining access to other User’s resources, including theft of data, hacks, actions that could be qualified as industrial espionage or sabotage;

(v) to upload on the Website and to knowingly transmit, send or publish any materials containing viruses, Trojan horses, worms, time-bombs, spyware, denial-of-service attacks, keystroke loggers, adware, IP spoofing and any other harmful programs or malware, designed to adversely affect the operation of the Website or the services on it or the normal operation of other Users;

(vi) to send, receive, upload, download, use or re-use any materials for purposes which do not comply with the content of these Terms of Use.

(2) You also agree that you:

(i) shall not reproduce, duplicate, copy or re-sell any part of the Website in breach of the law or these Terms of Use;

(ii) shall not make unauthorised access and shall not interfere with, damage or disrupt:

– any part of the Website or its content;

– servers, equipment or network on which theWebsite is stored;

– databases, connected to the Site;

– the services, available on the Website;

– any software used for the operation/protection of the Website; or

– equipment, network or software owned or used by any third party.

(iii) shall not take actions to deactivate, damage or interfere with the measures, used by the Company or third party to protect the Site, services and materials, offered on the Website, as well as the servers, systems or any other equipment related thereto;

(iv) shall not use any technical devices, scripts, programming language, software or other methods to interfere with the normal operation of the Website or the work of other Users and shall not make attempts to decipher, de-compile, disassemble or reverse engineer any of the software comprising or representing a part/ segment or module of the Website;

(v) shall not reproduce or disseminate fully or partially the design and/or the content of the Website without the prior written consent of the Company and shall not use, change or publish it for any commercial purposes, nor shall you use it to create derivative works from it;

(vi) shall not retrieve information from the Website, using bots, spiders, crawlers or any other manual or technical devices;

(vii) shall not publish, send or transmit materials which are illegal, threatening, untrue, misleading, fraudulent, obscene, offensive, slanderous, insulting, disgraceful, pornographic, uncensored or materials which incite to violence or other illegal or immoral actions or which infringe the honour and dignity of other Users or the good name and the reputation of the Company;

(viii) shall not publish, send or transmit materials, which infringe copyright and neighboring rights, rights to trademarks and other intellectual property rights, as well as the right privacy or other third-party rights or which infringe applicable law;

(ix) shall not publish, send or transmit third party’s personal data without their consent;

4.INTELLECTUAL PROPERTY

(1)The Website and its content, including but not limited to trademarks, text, design, structure, software, including back-end code, pictures, illustrations, graphics, sound, belong to and are property of the Company and/or its partners, clients and the Users who have published them voluntarily, and are protected by copyright and other intellectual property rights, according to the Bulgarian law and the respective international conventions, where their unauthorised use is illegal and leads to civil, administrative or criminal liability.

(2)You shall not change, alter or delete any materials, trademarks or other proprietary notices or any part of the contents of the Website or the paper or digital copies of any materials you have printed off or downloaded in any way, and you shall not, without the Company’s consent, use, publish, distribute, transmit, broadcast any illustrations, photographs, video, audio or graphic materials.

(3)Without the Company’s consent, you are authorised to use, view, download, copy, reproduce or print textual or graphic content of the Website provided that it is for your own legitimate personal and non-commercial use only.

5. WEBSITE ACCESS

(1)The User shall provide on his/her own account the necessary resources (computer equipment, connection to the Internet, software, etc.), necessary for access to the Website.

(2)The Company reserves the right to withdraw or change the services, available on the Website, as well as to suspend or restrict the access thereto, without a prior warning. We shall not be liable if for any reason the Website is unavailable at any time or for any period. The access to the Website could be temporary suspended without prior notice in case of damage to the system, prevention, maintenance or repair or for other reasons that are beyond the Company’s control.

(3)We aim to update the Website regularly and we may change its content at any time, including to edit the whole information (including but not limited to the catalogue with wallpaper designs), published on the Website.

6. HYPERLINKS TO THE WEBSITE

(1)Your websites may link to our home page, provided that you do so in a way that does not damage or take advantage of our reputation and does not damage our copyrights or other intellectual property rights. Such links may not suggest any form of association, relations, approval, license or endorsement on our part where none exists.

(2)You must not establish hyperlinks to the Website from any website that is not owned by you or from a website you are not entitled to operate or to publish on it.

7. RIGHTS OF THE COMPANY

(1)Failure to comply with these Terms of Use and in case of any other reasonable considerations, the Company may, without having such obligation, at its own initiative or based on a User’s signal, to take the following actions without a prior notice:

(i)immediate, temporary or permanent suspension of your access to the Website and the available services, including the purchasing of Products;

(ii) if applicable, immediate, temporary or permanent editing/removal of any posting, comments or other materials uploaded, sent or published by you or through your profile on the Website or company related social accounts (Facebook, Instagram, Pinterest etc.)

(iii)disclosure of certain actions of yours to the respective law enforcement authorities;

(iv)legal proceedings against you for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

(2)The Company is entitled to compensation for any damages, including damages connected with third party’s claims resulting from culpable infringement of these Terms of Use.

8. LIABILITY

(1)Unless in the cases provided for in applicable laws, the Company has no obligation to verify the Users before their registration, to review their profiles, to control the materials, comments and any other content that they publish on the Website or send to other Users, as far as such actions are allowed on the Website. The Company shall not be liable for the exhaustiveness, accuracy, usefulness, validity or any other characteristics of such content. Any opinions, comments, advice, statements, information, etc. provided by the Users of the Website, belong to these Users but not to the Company. This does not affect the rights of Lava Design Ltd., at its own discretion, to make such review/ verification, as well as to take some of the actions, included in Art. 7(1) above in case the behaviour of the User or the content of the materials, published on/ sent through the Website, do not meet the requirements of these Terms of Use.

(2)We shall not be liable to you or any third party for any loss or damage incurred in connection with the access to the Website or in connection with the use or results of the use of the Website, any websites linked to it and any materials published on it, even if that loss or damage was foreseeable by us, or the possibility of it was brought to our attention, unless it arises from our wilful misconduct or gross negligence.

(3)We exclude to the fullest extent permitted by applicable laws any contractual and tortious liability for any loss or damage, caused to the software, hardware and the User’s data by errors, computer viruses, denial-of-service attack, other malicious codes or harmful components resulting from using the Website and from downloading of materials, published on it or on a website connected to it.

(4)The Website and the materials on the Website are provided on an “as is” and an “as available” basis and (to the fullest extent permitted by applicable laws) we make no and exclude all explicit or implied warranties and representations of any kind.

(5)The Company shall not be liable if you cannot use any of the services available on the Website, including the Online Shop, because of inaccurate, untrue or incomplete information or if you have not updated it.

9. FINAL PROVISIONS

(1)The present Terms of Use are published here: www.ideamurale.com/terms-of-use

(2)The Company reserves its right to amend and/or supplement the current Terms of Use at any time, where the date of the latest update will be specified at the beginning of the document. The changes enter in force immediately after their publishing on the Website, unless otherwise provided in the updated version of the Terms of Use.If you continue using the Website and its services even once after the changes, we consider that you have accepted the changes to the Terms of Use. You should visit this page from time to time to review the Terms of Use, since they are binding on you. The Terms of Use may be updated at any time without notifying the Users. The Company shall not be liable if a User has not reviewed the updated version of these Terms of Use. In case the changed terms of Use are not acceptable for you, please discontinue using the Website and the services, available on it.

(3)The Company reserves the right to make subsequent changes, to modify, alter, move or delete parts of the Website or to add to parts/modules/ segments thereto, as well as to activate, change or deactivate services at any time with or without notice.

(4)In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remainder of these Terms of Use shall remain valid and enforceable.

(5)The present Terms of Use are governed by Bulgarian law. Any disputes between the Company and the Users arising from these Terms of Use would be resolved by negotiations and if this turns to be impossible – by the competent Bulgarian court.

10. REQUEST A QUOTE

Before making request a quote from www.ideamurale.com, please read our General Terms and Conditions on Distance Selling, available here: www.ideamurale.com/terms

11.PERSONAL DATA

Before using the services on the Website, please read to our Privacy Policy, available here: www.ideamurale.com/privacy-policy/

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