General Terms and Conditions of Use

Article 1- Definitions

The terms below have the following meanings:

  • « Website »: the https://www.nostagora.com website and all of its pages.
  • « Publisher »: the natural person or legal entity responsible for the publishing and content of the website designated in the website's legal notices.
  • « User »: the Internet users visiting and using the website.

Article 2 - Legal notices required by the Law on confidence in the digital economy and purpose of the website

This website is published by Delcampe International SRL. The legal information about the website hosting company and the publisher, notably contact information and any capital and registration information, is provided in the legal notices of this website (Article 14 - Legal notices). The purpose of the website is to serve as « An online catalogue of old postcards". The website is open to everyone and free to all Internet users. Browsing the website implies acceptance by the Internet user of the general terms and conditions. It also serves as acknowledgement by the user that they have reviewed them in full. For the Internet user, acceptance can consist in checking the box corresponding to the acceptance statement for these general terms and conditions, which, for example, may be the phrase « I acknowledge having read and accepted all of the general terms and conditions of the website ». Checking this box will be deemed to have the same value as a handwritten signature by the Internet user. Acceptance of these general terms and conditions assumes that users enjoy the legal status entitling them to do so. If the user is a minor, or does not enjoy the required legal status, they must confirm that they have received the authorisation of a guardian, trustee or their legal representative. The internet user acknowledges the evidential value of the publisher's automatic registration systems for the website and, unless they can provide proof to the contrary, waive any right to contest it in the event of a dispute.

Article 3 - Publisher exemption from liability related to the execution of this contract

In the event that the website is not accessible due to a technical or other problem, the user cannot claim any prejudice and will not be entitled to any form of compensation. The hyperlinks on the website may send users to other websites. The publisher of this website cannot be held liable if the content of those websites are in violation of the legislation in effect. Likewise, the publisher cannot be held liable if visiting one of those websites causes a prejudice to the Internet user.

Article 4 - Intellectual property rights covering the materials published on the website

All of the elements of this website belong to the publisher or to authorised third parties or are used by the publisher of the website with the authorisation of their owner. Any copying of logos or of text, pictographic, video or any other content is strictly forbidden and considered to be counterfeiting. Any member who is found to be guilty of counterfeiting may have their account deleted without prior notice and without compensation. The deletion cannot be deemed to constitute a prejudice and may result in subsequent legal action against the user at the initiative of the publisher or of their representative. The website uses elements (images, photographs, content) whose credits belong to: Delcampe International SRL and/or the sellers who post items on the www.delcampe.net marketplace.

Article 5 - Trademarks

The brands and logos used on the website are trademarks of Sébastien Delcampe, Delcampe International or, potentially, one of their partners. Anyone representing, reproducing, nesting, broadcasting or rebroadcasting them will be liable to the legal sanctions provided for by law.

Article 6 - Limitation of liability

The website publisher is only bound by an obligation of means. They cannot be held liable for any prejudice resulting from the use of the Internet such as a loss of data, intrusion, a virus, a service interruption, or other. Users expressly agree to use the website at their own risk and under their sole responsibility. The website provides data for information only, with the imperfections, errors, omissions, inaccuracies and other potential issues that may be present.

In any event, Delcampe International cannot be held liable for:

  • any direct or indirect prejudice, notably any loss of profits, lost revenue, loss of customers, or lost data which may result from the use of the website or, on the contrary, from its non-accessibility;
  • any malfunction, unavailability, incorrect use, incorrect configuration of the user's computer or the use of a browser which the user seldom uses;
  • the content of advertising or other links or external sources accessible to the user from the website.

Article 7 - Website access

The website publisher cannot be held liable for the technical unavailability of the connection, regardless if it is due to a force majeure event, to maintenance, to an update, to a change to the website, to an intervention by the hosting company, to an internal or external strike, to a network breakdown, to a power failure or to the poor configuration or use of the user's computer.

Article 8 - Applicable law

These terms and condition are governed by Belgian law. They can be modified by the website publisher or their representative at any time. The general terms and conditions applicable are those in effect on the day they are accepted. The publisher commits to maintaining all previous terms and conditions and to provide them to any user making a request. Except in the case of public policy provisions, any disputes occurring as a result of the execution of these general terms and conditions can be submitted for review to the website publisher in order to seek an amicable settlement before any legal action is taken. It is expressly noted that a request for an amicable settlement will not suspend the deadlines for initiating legal action. Unless there is a provision to the contrary, any legal action related to the execution of this contract must be submitted to the Court of Nivelles. If one of the clauses of these general terms and conditions were to be declared null and void by a court, the nullity would not apply to any other clauses, which would continue in effect.

Article 9 - Legal framework

If a clause of the general terms and conditions is deemed to be illegal, null, or inapplicable for any other reason, the clause will be deemed to be divisible from the other terms and conditions and will not impact the validity or applicability of the remaining clauses. These terms and conditions describe the entire agreement between the user and the website. They replace all prior and current written and verbal agreements. The general terms and conditions are not transferable or assignable and cannot by sub-licenced by the user. A printed version of the general terms and conditions and of all of the opinions given in electronic format can be requested for any legal and administrative proceedings related to them. The parties agree that any correspondence related to these general terms and conditions must be written in French.

Article 10 - Notifications

All notifications and opinions about these general terms and conditions, the legal notices and the personal data charter must be made in writing and must be delivered by hand, by registered or certified letter, by a nationally recognised courier service whose fees can be tracked on a regular basis or by email to the addresses shown in the legal notices of the website, providing the last name, first name, contact information and purpose of the notification.

Article 11 - Complaints

All complaints related to the use of the website, the services offered on the website or to any related services, the website pages on social networks or the general terms and conditions, legal notices or the personal data charter must be submitted within 365 days of the day on which the problem leading to the complaint occurred, independently of any law or legal rule to the contrary. In the event that a complaint has not been submitted within 365 days, it will be forever inadmissible in the courts.

Article 12 - Errors

There may be a small number of inaccuracies or errors in the website and services offered or information which does not match the legal general terms and conditions. In addition, it's possible that unauthorised changes have been made by third parties to the website or to the related services (social networks, etc.). We will do everything possible to correct these discrepancies as soon as possible. In the event that we have missed an item of this type, please contact us by post or by email at the addresses shown in the legal notices of the website with, if possible, a description of the error and its location (URL) as well as sufficient information to enable us to contact you. Please refer to the intellectual property section for requests related to copyright issues.

Article 13 - Legal notices

The https://www.nostagora.com website is published by Delcampe International SRL, registered with the Crossroads Bank for Enterprises under number 0875 177 055, whose registered office is located at 25 rue de la Filature, 1480 Tubize, Belgium.

Intracommunity VAT no.: BE 0875 177 055.

Publication director:
Sébastien Delcampe
CEO, Delcampe International SRL

The website is hosted by OVH - 2 rue Kellermann BP 80157 59053 ROUBAIX CEDEX 1 - France
A simplified joint-stock company (SAS) with capital of €10,174,560.00 - RCS LILLE METROPOLE 424 761 419 00045 - APE Code 2620Z
VAT no. FR 22 424 761 419