1.1. You are visiting a website of Bavet (BV HEB, KBO 0597.747.850, with registered office at Kortrijksesteenweg 255B, 9830 Sint-Martens-Latem).
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 Bavet 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 Volume 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 Bavet 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 Bavet, its partners (e.g. its ordering platforms), 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 Bavet and you shall indemnify Bavet 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 Bavet) who would suffer damage as a result.
3. INFORMATION AND CONTENT – AVAILABILITY
3.1. Bavet 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 Bavet accepts no liability whatsoever.
3.2. Bavet endeavours to ensure that the website is accessible and available 24 hours a day, but cannot guarantee this. Bavet 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 Bavet. The information on the website is available in the condition as consulted without any guarantees 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 Bavet’s obligations with regard to the operation, security and content of the website are purely best efforts obligations.
3.4. Bavet 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
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 Bavet or its licensors. In other words, you are prohibited at all times (including before or after termination of the contract with Bavet) 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 Bavet or its licensors.
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 Bavet in full, in principal, interest and (court and lawyers’) costs for any infringements of these rights incurred by you.
6.1. Bavet 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, platforms and/or applications of third parties (e.g. the ordering platforms such as Deliveroo and Uber Eats with which Bavet collaborates) 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 Bavet be held liable jointly and severally with third parties to compensate for any damage.
6.3. In any case, Bavet’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 or ordering platforms, (ii) the payments received by Bavet under the contract with you for or in connection with the (online) sale of our products and/or (iii) the amount for which Bavet 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 Bavet 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.
8. APPLICABLE LAW