Article 1. - General Provisions – Contact Details of the Site Owner
These terms and conditions (hereafter, ‘Conditions’) apply to the use of all the websites
(including mobile sites), including the elements and applications therein, created or owned by
the limited company EUROPEAN COLOSTRUM INDUSTRY, which has its registered office at Rue de la Fontaine
17a, 6900 MARLOIE
(hereafter, “the Company”) (hereafter, the “Sites”).
The term “user” refers to any individual who accesses the Sites (hereafter, the “User”).
By using the Sites, the User fully and unconditionally accepts the Conditions
applicable to said sites and undertakes to comply with them.
If they reject the Conditions, they are required to refrain from any use of the Sites and/or Services.
In the event of non-compliance with the Conditions, the Company reserves the right to refuse access to the Sites, without
prejudice to its right to request compensation from any third party for all of the direct and indirect damages
that are likely to result from this non-compliance.
The Company reserves the right to adapt the Conditions of use at any time, in whole or in part,
without prior notice.
It is therefore recommended that the User consult the Conditions of use regularly, so that they are always
familiar with the most recent version
Article 2 – Use of the Sites
In principle, the Sites are free to use. In order to use certain Sites, the User must
register, provide certain information and/or create an access code and/or a password.
If the User refuses, it shall not be possible to use the relevant sections of the Sites.
In the event of paid use of certain Sites, the User shall be informed in advance of the price and the payment method,
as well as the applicable terms and conditions.
The Company provides the User of the Sites with a non-exclusive and non-transferable licence for an
undetermined period of time, which allows them to download the content of the Sites for the sole purpose of displaying it on a
single computer.
However, the licence may be revoked at any time, without justification.
The User may also print a copy of the content of the Sites for their own personal use,
without making any changes whatsoever to said content.
The Sites may only be used for the personal and private purposes of individuals and
exclusively for the internal purposes of professionals.
As a result, any use of the Sites for commercial purposes is strictly prohibited.
Users undertake not to engage in any activity that is likely to destroy the Sites or disrupt their
correct operation.
In the event of abuse or improper use, the Company reserves the right to suspend and/or block
the User’s access to the Sites without any advance notice or warning.
Article 3 – Copyright and rights of the database owner
Any copyrights, brands, patents, intellectual property rights and other property rights
pertaining to the Sites belong to the Company at all times.
The Sites and/or Services constitute a work that is protected by copyright and a database
to which the Company holds the copyright and ownership rights.
The texts, layout, drawings, photos, films, graphics and other elements that make up the Sites are protected by copyright.
Copying, adaptation, modification, translation, arrangement, public broadcasting,
leasing or any other use of the Sites, in whole or in part, in any way whatsoever
and by any means whatsoever, in particular electronically, mechanically or by other means, is strictly
prohibited without prior written consent from the Company.
Any infringement upon these rights shall result in civil or criminal prosecution.
Article 4 – Brands and trade names
The names, logos and other signs used on these Sites (in particular, the Company’s logos and
names) are legally protected brand and/or trade
names.
Any use of said signs, or similar signs, is strictly prohibited without prior written
consent from the Company.
Article 5 – Liability
The Company shall do everything in its power to ensure the correct operation of the Sites.
Unless there is an intentional breach and/or mandatory legal provisions to the contrary, the Company declines all liability for any loss or damages (direct or indirect, material or immaterial, etc.)
that result:
(1) from the content of the Sites. The Company does not guarantee the accuracy, sufficiency or completeness of the
information that appears on the Sites. The information available on the Sites, in particular the information
concerning products and services available for sale, is likely to be modified without advance
notice. The Company takes the utmost care when creating, updating and maintaining the
Site. However, if the User should notice inaccurate or
obsolete information on the Site, or harmful or inappropriate content, or they believe that one of their rights
(intellectual or otherwise) has been violated, they are asked to report this immediately;
(2) from the use of the Sites;
(3) from the security of the Sites. In particular, this provision applies to any viruses, errors or
online scams;
(4) from the accessibility/availability of the Sites. The Company does not guarantee the permanent availability,
via any technical means, without errors or interruptions, of all the features of the Sites, nor the
immediate repair of errors or interruptions.
The Company also has the right to refuse access to additional Sites and Services or to
terminate them at any time, without prior notice.
The Company may not, under any circumstances, be held liable for services and/or products, nor their
invoicing, if these are offered by third parties and accessible via the Sites, even if the Company
received payment for this or facilitated the invoicing for these services and/or products on
behalf of the third party.
In the event that the Company’s liability is triggered, this liability shall be limited to
€100. The aforementioned limitations and/or exemptions from liability on the part of
the Company apply only insofar as they are valid under applicable law.
Article 6 – Privacy – Processing of personal data
The Company and the User undertake to comply with the regulation in effect regarding the
processing of personal data, in particular, (EU) Regulation 2016/679 of the
European Parliament and the Council of 27/04/2016 (the GDPR).
The Company collects and processes the identifying data and contact details it receives from the User and
any other contact person of interest. The purposes of this processing are the execution of
contracts, the management of clients and their orders, accounting activities and direct prospecting activities,
such as sending promotional and commercial information. The legal bases for this processing are
the execution of contracts, User consent, compliance with legal and regulatory obligations
and/or the legitimate interests of the Company.
The aforementioned personal data shall be processed in accordance with the provisions of the
General Data Protection Regulation and shall only be sent, unless approved by
the User, to subcontractors, recipients and/or third parties insofar as it is necessary for the
aforementioned purposes of said processing.
The User is responsible for the accuracy of the personal data
they provide to the Company, and keeping it up-to-date, and undertakes to comply with the provisions of the General Data
Protection Regulation with respect to the people whose personal data they have sent,
as well as all of the possible personal data that they may receive from their
own clients.
Personal data shall be stored and processed for a necessary period of time, which depends
on the purposes of the processing and the relationship (contractual or otherwise). The User's data shall be,
removed from our systems after a period of seven years in all cases, or, in the event of a contract between the parties, after a period
of seven years after the contract has ended, except for personal data that we
are required to keep for a longer period as a result of specific legislation or
an on-going dispute for which the personal data is needed.
The User consents, by means of their agreement when entering or sending their personal data, or
by voluntarily continuing to browse on the Sites, or by concluding a contract with
the Company, to the processing defined above, as well as the collection and
use of their personal data in the manner defined below.
The Company collects personal identifying information (names, addresses, phone
numbers, email addresses, VAT numbers, total number of visits to the site, number of
visitors on each page of the site, domain names of the visitors’ internet service providers
IP addresses and cookies).
The User consents to the Company using their data for
publicity, commercial and marketing purposes and agrees to receive
information from the Company to their email address (newsletter, etc.) or by post.
The User also undertakes to convey this information to any contact
or agent or proxy who may represent them with respect to the Company. The Client
undertakes to obtain the consent of these individuals with respect to this data-protection policy
and the use of their personal data.
Right to access: the User has the right to enquire if their data has been collected,
for how long and for what purpose at any time.
Right to rectification: the User has the right to request that any false or incomplete data pertaining to them
be corrected or completed at any time at their request.
Right to limit processing: the User may request that the processing of their
data be limited. This means that the data in question must be ‘marked’ in our IT system
and that it may no longer be used for a certain period of time.
Right to erasure (‘right to be forgotten’) The user has the right to demand their data be erased,
subject to the exceptions outlined by law. If the User wishes to stop the
Company from being able to continue using their personal data, they simply have to write
to the address provided in Article 1.
Right to data portability: The User may request that their data be sent
in a ‘structured, currently used and machine-readable format’.
Right to lodge a complaint: The User may lodge a complaint with the data-protection
authority.
The Company undertakes to implement technical and organisational measures to ensure an
appropriate level of security to protect the confidentiality of data. The Company shall notify the Client
of any breach of personal data of which it becomes aware.
Article 7 – Hyperlinks
The Sites may include links to other websites. As the Company is unable
to control these sites, it may not be held liable for providing access to them. It may not
be held liable for the content, ads, products, services or any other
material available on, or from, these sites. Furthermore, the Company may not be held liable
for any proven or alleged damages or losses that result from, or in connection with, using these sites, or
having trusted the content, goods or services available on these sites.
Article 8 – Cookies
A cookie is a small text file that is saved on the browser of your
computer or mobile device by the server of a website when you browse. The cookie contains a unique code
that allows the website to recognise your browser when you visit the site (‘session
cookies’) or during future visits (‘permanent cookies’). Cookies may be placed by
the server of the website you are visiting or by partners with whom the website collaborates. The
website server may only read cookies that it has placed itself; it does not have access to any
other information on your computer or mobile device. Cookies are
stored on your computer or mobile device in your browser history. The content of a
cookie is typically composed of the name of the server that placed the cookie, an expiration date and a
unique encrypted code. Cookies ensure an interaction between the visitor and the website
that is generally easier and faster. Moreover, they help the visitor to browse between the different parts of the
website. Cookies may also be used to make the content on a website, or the ads
found on the site, more relevant to the visitor and to adapt the website to the visitor’s personal tastes and
needs.
Functional cookies are required to visit the Sites and use certain
parts of them. For example, these cookies allow you to navigate between the different
sections of the websites, fill out forms, place orders, browse a
multilingual website and to update the contents of your basket. Similarly, when you want to access
your personal account, for example, your control panel or another application
you have access to (e.g. extranet, mail, etc.), cookies are an essential method of verifying
your identity before allowing the User access to personal data.
If you reject these cookies, certain sections of the website will not work the way they should,
or even at all.
The Sites place a cookie on your computer for the purpose of analysing statistics and measuring
the sites’ audience, as well as simplifying access to the site. This cookie saves information
about the way visitors browse the sites. It stores information you have entered
during your visit, namely some visitor information about the visitor themselves, such as
the domain name and host computer that the visitor is using to browse the internet, the internet protocol
(IP) of the computer used, the date and time the visitor browsed the Sites and the
URLs that brought the visitor to the Sites.
Article 9 – User contribution
Users may post content (video, audio, text, photos) to certain
parts of the Sites (hereafter, ‘Contributions’). Users give the Company
express consent to copy these Contributions on the Sites and to make them publicly available
online, around the world for as long as the Company sees fit, without being able to claim any
financial compensation or reward whatsoever.
Users shall have sole responsibility for the content of their Contributions and the
consequences of disseminating them via the Sites.
Users guarantee that they have all of the necessary rights and permissions needed to publish
their Contributions on the Sites as described above.
Users indemnify the Company against any complaint, claim or action by third parties, or
any oversight body, with respect to their Contributions.
The Company does not inspect Contributions beforehand. However, it reserves the
right not to disseminate any illegal Contribution on the Sites, or to delete it from the Sites, along with any Contribution
which it may reasonably assume infringes upon the rights of third parties,
without notifying the User who submitted the content in question in advance.
Article 10 – Jurisdiction and applicable law
The User is informed that they may lodge a claim on the ODR platform via the following
link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show
The Sites are governed by Belgian law and the courts in the judicial district in which the
Company’s registered office is located shall have sole jurisdiction in the event of any disputes that arise from using the Sites.