Legal mentions

By using this website you agree to the general terms and conditions of use of the website as defined below.

Article 1: Definitions

Publisher: refers to the company Mataki, Matthieu Hocquemiller, Company number 0736960864. at Rue Forestière 41. Ixelles.BELGIUM.

Website : refers to the website accessible from the following domain name mataki.be.

User : designates any person browsing the Website or using it.

Article 2: Access to the Site

Navigation on the Site is accessible to all Users. However, registration on the Site by creating a personal account for the purpose of ordering products marketed on the Site is reserved for adults only. The Publisher reserves the right to ask for any justification of the User’s age. In the event that the User acts in the name and on behalf of a legal entity, the User must be able to prove to the Publisher that he or she has the necessary powers to act in the name of this legal entity.

Article 3 : Site content

The content of this Site and in particular all the elements reproduced or used (trademarks, logos, trade names, photographs, etc.) on the Site are protected by the laws in force with regard to intellectual property.

They are the full and entire property of the Publisher or its partners. The Publisher’s corporate name, “Mataki” is a trademark registered with the services of the National Institute of Intellectual Property by the Publisher under the number 164284880. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements and/or the Mataki trademark, including computer applications, without the prior written consent of the Publisher, is strictly prohibited. The Editor’s failure to take legal action immediately upon becoming aware of such unauthorized use shall not constitute acceptance of such use and waiver of liability.

In the event of publication on the Site of content by the User, the User undertakes to take the precaution of not infringing the intellectual property rights of third parties, especially copyrights or trademarks. The User concerned undertakes to guarantee and hold the Publisher harmless against any claim by third parties following the posting or publication on the Site of elements containing or involving the intellectual property of third parties that they would be entitled to engage.

Article 4 : Site management

For the proper management of the Site, the Editor may at any time :

suspend, interrupt or limit access to all or part of the Site, reserve access to the Site, or to certain parts of the Site, to a specific category of Internet user;
delete any information that may disrupt the operation of the Site or that contravenes national or international laws or the rules of Netiquette;
suspend the Site in order to proceed with updates.
Article 5: Principles of use of the Site

While browsing and using the Site, the User is prohibited:

To use means which would have as a consequence to limit the peaceful use of the site by a third party;
To use the site to threaten, harass, stalk, abuse and in a general way to infringe in any way whatsoever the rights of the Editor or third parties;
To intercept or attempt to intercept personal data belonging to third parties;
Misrepresent oneself as an employee, agent or servant of the Publisher;
To market all or part of the products offered by the Editor.

Article 6 : Hypertext links

The setting up by Users of any hypertext links to all or part of the Site is strictly forbidden, except with the prior written authorisation of the Publisher.

The Publisher is free to refuse this authorisation without having to justify its decision in any way whatsoever. In the event that the Publisher grants its authorization, this authorization is in any case only temporary and may be withdrawn at any time, without any obligation to justify it at the Publisher’s expense.

In any case, any link or degrading comment will have to be removed at the request of the Publisher. If the situation so requires, the Publisher may decide to remove the hyperlink without prior notice to the User.

The Site may contain hypertext links to other websites. The Publisher has not checked all the sites that may be linked to its own and cannot be held responsible for the content of the sites from or to which links are made. Each User therefore accesses the content of these external sites under his or her sole and entire responsibility.

Their presence in no way means that the Publisher adheres to their content or accepts any responsibility whatsoever for the content or use of this other website. The responsibility of the Publisher cannot be engaged

for the erroneous or inaccurate, defamatory, abusive, slanderous, misleading, obscene, pornographic or blasphemous content of any of these third party sites.

Article 7: Creation of an account

If the User creates a personal account on the Site, the User is responsible for maintaining the confidentiality of his/her account and password, and for restricting access to his/her computer and other equipment. The User is responsible for all activities that occur under his or her account or password.

The User agrees to take all necessary steps to ensure that his password remains confidential and secure, and to immediately notify the Publisher if his password is used or is likely to be used in an unauthorized manner.

The User is solely responsible for the validity and completeness of the information he mentions in the parameters of his personal account. The User undertakes to inform the Publisher of any changes concerning this information.

In case of violation of these general terms of use and/or of the legal or regulatory provisions in force, the Editor reserves the right to refuse access or to close the account of the User concerned.

Article 8: Terms and conditions of sale

Sales made on the Site are governed exclusively by the General Terms and Conditions of Sale accessible here. By ordering products on the Site, the User accepts the General Terms and Conditions of Sale and undertakes to respect them. The User is invited to consult them before placing an order on the Site.

Article 9: Electronic communications

Within the framework of the sale of the products marketed on the Site, the Editor and the User are brought to communicate together by telephone, SMS, or by e-mail using the Editor’s chat or at the following e-mail address: client@mataki.be. As soon as the User specifies his e-mail address, his fixed or mobile telephone number when creating his account, he accepts to receive e-mails, calls, SMS or any other notification or form of electronic communication from the Editor. The User agrees to communicate electronically with the Publisher and acknowledges that all agreements, information, disclosures and other communications that he will send to the Publisher electronically satisfy all legal requirements for written communications, unless a specific mandatory law imposes another method of communication.

> Article 10: Collection and processing of personal data

The collection and processing of personal data concerning Users may be necessary for the proper functioning of the Site and the processing of orders by the Publisher.

In accordance with the provisions of Law No. 78-17 of January 6, 1978, relating to data processing, files and freedoms, the processing of personal data collected on the Site has been declared to the National Commission for Data Processing and Freedoms under the number: 2001632.

> 10.1 Personal data collected

Users’ personal data is either freely communicated by the User or automatically collected by the Publisher.

> 10.1.1 Data communicated by the User

The personal data collected by the Publisher directly from the User may include the following data as well as any other type of information that the Publisher will expressly request from the User:

– if the User is a consumer:

– surname, first name of the User or the recipient of the order;

– date of birth;

– e-mail address, postal address, telephone number of the User or the recipient of the order;

– Password;

– credit card information.

– If the User is a professional :

– corporate name ;

– siret number;

– registered office, e-mail address, telephone number of the User, address of the intervention and information facilitating access;

– billing address;

– password;

– credit card information.

> 10.1.2. 10.1.2. Data collected automatically by the Publisher

The Publisher automatically collects certain data relating to the use of the Site. The information automatically collected includes :

the IP address of the User’s computer or the device identifier (or UDID);
information relating to the User’s computer and how it is used (connection mode, operating system, Internet service provider, domain name, the website that referred the User to the Site, the Internet pages consulted, etc.);
the URL address of the connections, including the date and time, as well as the content accessed by the User;
the related

order data (products ordered, frequency of orders,…) ;
location data;
the data of use on the Site
> 10.2. The use of data

The Publisher uses the personal data collected on the Site for various purposes:

to provide practical information for the use of the Site and to improve the use of the Site ;
to respond to Users’ requests;
to help the User carry out a transaction or an order;
to process the User’s orders for products;
to communicate to the User the offers relating to the products sold on the Site;
to contact the User regarding the processing of their order (order, complaint, personal account…);
to analyze User data in order to develop new product offerings, improve order processing, identify usage trends and determine the effectiveness of promotional campaigns;
to prevent and detect possible threats to the security of the data collected, fraud or any other illegal activity.
> 10.3. Recipients of the personal data collected

The Publisher may share Users’ personal data with the following recipients:

all members of its staff and in particular its marketing department, its sales department, its departments in charge of handling customer relations and canvassing, its administrative departments, its logistics and IT departments, as well as their line managers;
all partners whose processing of orders requires access to some of the Users’ personal data such as services relating to the processing of credit card payments, Site hosting services, order processing, it being specified that in this context the Publisher will remind its service providers and/or subcontractors of their obligations in terms of data security and confidentiality protection and in particular the security objectives that must be met;
the services responsible for control (auditor, services responsible for internal control procedures, etc.) ;
the Publisher’s business partners who will use the data collected on behalf of the Publisher to provide promotions and special offers to Users, to inform them of competitions, lotteries, events, or for other promotional purposes. The Publisher may also share with other partners aggregate statistics regarding the use of the Site by Users;
agencies, court officials and judicial officers when the Publisher is legally obliged to do so, or when such disclosure is necessary to enforce the Terms and Conditions or other agreements, protect the rights, property or property of the Publisher or those of the Users of the Site.

In any other case, the consent of the User concerned will have to be obtained by the User for his or her personal data to be transmitted to a third party.

> 10.4. Management of personal data

The User can manage his options for communicating his personal data when he connects to the Site under the conditions defined in this article.

Concerning the collection of personal data, the User may refuse to communicate certain information:

By refusing the use of cookies when the User first connects to the Site, failing which the User will be considered to have given his consent to the use of cookies on the Site.
By adapting the corresponding settings in his browser to refuse the use of most cookies, web beacons, entity tags and local storage in HTML5 allowing to accept or refuse completely the use or installation of these technologies.
By adapting the corresponding settings in the browser to refuse the use of Java scripts.
By accepting or not accepting the User’s geolocation.

Concerning promotional offers, the User may specify on his personal account at the time of its creation or by modifying his preferences, that he refuses to receive e-mails, calls, messages or any form of promotional communications. It will also be possible for him/her to refuse to receive new promotional e-mails by following the instructions specified in said e-mails. In any case, the User may contact the Publisher in order to change his or her promotional communication options.

As a result of the above, the User always has the option not to communicate any information.

However, certain information is necessary to place orders on the Site.

> 10.5. Access to personal data

The User can access his personal data for any purpose.

The User may have access to his personal data on his personal account created on the Site. It will be possible for him to modify and correct or update his data.

In order to delete his personal account or to put an end to the use of his personal data by the Publisher, the User may contact the Publisher under the conditions defined in article 15 hereof, and request that these data be deleted.

The Publisher undertakes to respond to the User’s requests as soon as possible, it being specified that certain data shall be kept for as long as it is necessary for the Publisher to perform, where applicable, its contractual obligations towards the User concerned and/or to meet its legal obligations.

> 10.6. 10.6. Security of personal data

The data collected by the Publisher is stored and processed on servers owned or controlled by the Publisher in accordance with applicable data protection laws and these Terms of Use.

The Publisher protects Users’ personal data by taking technical, physical and administrative security measures to ensure the confidentiality and integrity of Users’ personal information and to reduce the risk of loss, misuse, unauthorized access, disclosure or alteration of such data.

The security measures implemented are notably the use of CyberPlus Payment for the protection of banking data and the use of secure files for the protection of each User’s personal data, it being specified that the Publisher’s service providers likely to have access to this data for the purposes of order processing will have previously regulated a confidentiality agreement with the Publisher.

Given the impossibility of guaranteeing the total reliability of the security systems, the Publisher is only bound by an obligation of means.

Article 11: Use of technical data (IP addresses and Cookies)
> 11.1. IP addresses :

Users’ IP addresses may be kept by the Publisher for a maximum period of one year.

> 11.2 Cookies :

The Site may automatically collect information relating to the browsing of each User on this Site according to the choice made by the latter with regard to cookies, it being specified that this choice may be modified at any time.

The installation of cookies on the Site will be subject to the prior and express authorisation of the Site User.

All information collected indirectly will only be used for :

Identify the User of the Site;
To identify the products sought by each of the Users in order to offer them suitable suggestions;
To monitor the volume, type and configuration of traffic using this Site, to develop its design and layout and for other administrative and planning purposes and more generally to improve the services offered on the Site.

In any event, the setting of cookies may not have the purpose of collecting and processing personal data without the Users’ knowledge.

Article 12: Entry into force and updating

The version of the general terms and conditions of use currently online on the Site is the only one applicable and enforceable against Users until a new version replaces it.

The present general terms and conditions of use of the Site are applicable throughout the duration of the navigation on the Site by the User.

The Publisher reserves the right to modify at any time the present general conditions of use of the Site which will come into force as soon as they are published on the Site.

Article 13: Responsibilities

The Publisher undertakes to make its best efforts to ensure the availability of the functionalities offered on the Site. However, the Publisher cannot guarantee Users permanent access to the Site. The Publisher cannot be held liable in case of failure, breakdown, difficulty or interruption of operation, preventing access to the Site or to one of its functionalities. The Publisher is not obliged to provide technical assistance in relation to the operation of the Site.

The equipment used by the Site User to connect to the Site is under his entire responsibility. The User must take all appropriate measures to protect his equipment and his own data, in particular from virus attacks via the Internet. The Editor does not guarantee the compatibility of the Site with the use made by the Users of the Site.

The Publisher cannot be held responsible for the hypertext links present on the Site giving access to other Internet sites that it does not control. As such, the Publisher is not responsible for the content and availability of these websites.

As such, the Publisher is not responsible for the content and availability of these websites.

The Publisher undertakes to take all necessary measures to ensure the security of the personal data of Users that it collects. In particular, it undertakes to implement physical and electronic security measures and backup procedures in relation to the collection, storage and communication of Users’ personal information. However, the Publisher does not guarantee the security of the information and files transmitted to it by Users of the Site against possible Internet attacks of any kind.

The Editor cannot be held responsible for any direct or indirect damage resulting from a visit to the Site, from the use or impossibility of using the Site.

The User agrees to guarantee and indemnify the Publisher against any action or claim by a third party due to his use of the content, the Site and his failure to comply with any of these conditions of use. In this respect, the User concerned will pay all damages and interest to which the Publisher may be condemned as well as the legal costs and fees incurred by the latter. The Publisher will inform the User concerned as soon as possible of any such claim or legal action.

Within the framework of its relations with professionals, the Editor is not responsible:

losses that have not been caused by a fault of the Publisher;
commercial losses and in particular losses of profit, profit, contracts, expected savings, data, clientele or superfluous expenses.
indirect or consequential losses that were not foreseeable by the User and the Publisher when the User used the functionalities of the Site.

In any event, these general terms and conditions of use are not intended to limit or exclude the Publisher’s liability in the event of fraud, or in the event of death or personal injury caused by its negligence or gross negligence.

Article 14: Applicable law

The present terms of use of the Site are governed by French law.

In the event of a claim by the User relating to the interpretation or execution of this Privacy Policy, the parties shall attempt in good faith to reach an amicable agreement to resolve this difficulty.

The User may send his or her complaints by e-mail to the Publisher’s consumer service department, stating the difficulties and/or shortcomings observed, to the following address: client@mataki.be.

In the event of an answer deemed unsatisfactory by the User or of absence of response within fifteen (15) days from receipt of the complaint by the consumer service, the User may request the services of the mediator free of charge by sending an e-mail to contact@mataki.be or by post to the following address: Mataki, Matthieu Hocquemiller, Rue Forestière 41. Ixelles. The User must specify the object of his request and attach the documents on which it is based.

Upon receipt, the mediator will notify the parties by e-mail or regular mail of his referral.

Within the framework of this mediation, the User may be assisted by any person of his choice or be represented by a lawyer at his own expense.

Each party may also request the opinion of an expert whose expenses are at its own expense. In the event of a joint request for an expert opinion, the costs will be shared equally between the Publisher and the User.

The mediation shall be completed within ninety days from the date of the mediator’s notification of the referral. The parties shall be free to accept or refuse the mediator’s proposal.

In any event, recourse to mediation is not compulsory. On the other hand, if the User wishes to request the services of the mediator, he must first address his complaint to the Publisher’s consumer service.

If the User does not wish to refer the matter to the mediator, or if one of the parties refuses the mediation proposal, or if no amicable agreement is reached, the Publisher or the User will be free to initiate proceedings before the court of his choice, subject to a specific allocation of jurisdiction arising from a particular law or regulation.

Article 15 : Contact us

For any question or information you can send a message to the following address: contact@mataki.be.