1.1. The website available at the address https://www.windeco.eu (hereinafter: the “Website”) is operated and owned by WINDOTEX, with company number B1673732007 and with registered office at Avenue de Rabat, 5190 Sidi Alouane, Tunisia. Hereafter also: “WINDOTEX”, “we” or “us”.
1.2. Information and data of WINDOTEX:
Company name: WINDOTEX
Legal form: SARL (Société à Responsabilité Limitée)
Trade name: WINDECO
Office: Avenue de Rabat, 5190 Sidi Alouane, Tunisia
Trade register: B1673732007
Tax number: 1024819Z/A/M/000
Register of legal entities: Mahdia, Tunisia
Phone number: 00216 73 658 121/122
Email: communication@windeco.eu Website
Hyperlink website: https://www.windeco.eu
2.1. These terms of use apply exclusively to the use of the Website. Current terms and conditions do not in any way cover the usage policies of other service providers that you use on or through the Website.
2.2. Before you can use (the services associated with) the Website in any way, you must explicitly, integrally, and irrevocably agree with (the application of) these terms of use by clicking the ‘I AGREE’ button. The text of these terms of use can be consulted at any time under the heading ‘Terms of Use – Disclaimer’ on the Website.
2.3. Any nullity or non-applicability of one or more provisions of these terms of use does not lead to the nullity of all these terms and conditions.
2.4. WINDOTEX reserves the right to change these terms of use at any time. Changes will be announced on the Website and / or electronically. Continued use of the Website will be regarded as acceptance of the new conditions. These terms of use were last modified on 26/05/2021.
2.5. These terms of use apply without prejudice to any application of mandatory legal provisions for the protection of consumers (in particular relevant provisions of the Economic Law Code (ELC)).
3.1. Information and content on the Website
3.1.1. WINDOTEX endeavors to ensure that the information on the Website, being the entirety of data and information 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 WINDOTEX does not accept any liability.
3.1.2. WINDOTEX cannot exclude the occurrence of malfunctions, interruptions, or technical errors that limit or prevent access to the Website.
3.1.3. The information on the Website is of a general nature and indicative, is not adapted to personal or specific circumstances, can in no way be regarded as a personal advice or contractual (result) obligation and cannot give rise to compensation or termination of the agreement with WINDOTEX. The information on the Website is available in the state as consulted without any guarantees being provided. The use of the Website and the information contained therein is therefore solely at your own risk and responsibility. You acknowledge and agree that WINDOTEX’s obligations regarding the operation and content of the Website are purely best-efforts obligations.
3.1.4. You are required to use the Website only for legitimate purposes.
3.2. Your obligations
3.2.1. You must have a solid and stable internet connection and high-performance hardware and software that is suitable for (the services of) the Website. You must also have adequate and current anti-virus, anti-spyware, and firewall protection on your systems.
3.2.2. If the systems of WINDOTEX and / or of its users should suffer damage due to the exchange of computer viruses or other harmful files, you are solely and unlimitedly liable to WINDOTEX and you will pay WINDOTEX in full, unlimited, in principal interest and (lawyers) indemnify costs against any claim from third parties that would suffer damage as a result.
WINDOTEX takes care of your privacy and always acts in accordance with the provisions of the applicable privacy regulations. For more information about the protection and processing of your personal data on or via the Website, you can consult the privacy policy at: https://www.windeco.eu.
5.1. WINDECO is in no way liable for:
– the quality, completeness, correctness, suitability, availability, or form of the information on or generated by the Website;
– any decision or action taken by you based on the content or information on the Website;
– any malfunctions, interruptions, technical errors, incorrect technical maneuvers, unauthorized interventions (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 downloading from and / or using the Website;
– indirect damage, indirect damage or consequential damage (including but not limited to loss of time, loss of opportunity, loss of profit, loss of income, emotional damage, etc.);
– cases of force majeure;
– a minor fault other than intentionally or a serious fault which can be equated with intention on purpose.
5.2. WINDOTEX can under no circumstances be jointly or severally liable with third parties to compensate any damage.
5.3. However, nothing excludes the liability of WINDOTEX for intent or a serious error that can be equated with intent. The liability of WINDOTEX, both for direct and indirect damage, is in any case limited to the lowest of the following amounts: the amount corresponding to the value of the services on which the complaint is based. This same limitation applies if the exclusion (s) of liability contained in this Article 5 would ever be considered invalid or unenforceable by a court of law or arbitrator.
6.1. The Website, parts thereof and all information and / or content on, associated with 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, design or any other creation, content or information on or related to the Website, belong to the exclusive intellectual property of WINDOTEX or its licensors and may only be reproduced or communicated to the public with the express, written and prior consent of WINDOTEX or its licensors.
In other words, you are prohibited at all times from reproducing or communicating to the public the Website (or parts thereof), including all information associated with or generated by the Website and / or the content of the Website, in any way without the express, written and prior consent of WINDOTEX or its licensors.
6.3. Nothing in these terms of use can be construed as transferring or licensing the intellectual property rights of WINDOTEX to you.
6.4. You acknowledge and agree that the services on the Website may use certain open-source software or freeware under licenses that may contain provisions that supersede these terms of use.
6.5. You acknowledge and agree that any information or content on the Website may be protected by third party intellectual property rights. You agree to respect these rights and to indemnify WINDOTEX in full, in principal interest and (court and lawyers’) costs against any infringements of the intellectual property rights of third parties in this regard.
Complaints arising from any use of the Website or the application of the present terms of use can be reported to WINDOTEX by e-mail: communication@windeco.eu.
Any dispute regarding the interpretation or application of these terms of use or arising from any use of the Website is exclusively subject to Tunisian law and falls under the exclusive jurisdiction of the courts of Mahdia, Tunisia unless mandatory law prescribes the jurisdiction of another court.
For further information, comments or complaints, the User can contact WINDOTEX via the following details:
Address: Avenue de Rabat, 5190 Sidi Alouane, Tunisia
Email address: communication@windeco.eu
Telephone number: 00216 73 658 121/122