*Please read this disclaimer carefully before using the Website**
The use of the Website (link) goes hand in hand with various rights and obligations. You can find these in our General Terms and Conditions, in our Privacy Policy and in this Disclaimer.
1. In advance
1.1 The Website is owned and operated by BIONOVA nv, with registered office at Kruisstraat 59A, 9930 Zomergem and registered with the K.B.O. under number BE 0458.509.397 .
1.2 This Disclaimer defines the rights and obligations of the User when visiting and/or using the Website and all related applications, software and services.
1.3 The User is deemed to have accepted the Disclaimer by visiting and/or using the Website. If the User does not accept this Disclaimer, we request the User not to visit and/or use the Website any further.
1.4 We reserve the right to amend this Disclaimer at any time if this is necessary as a result of a change to the use or the Website itself. The User is advised to consult the Disclaimer again on a regular basis.
2. Definitions
.1 The terms mentioned below, are to be understood in the Disclaimer as follows:
- Website: our webshop can be accessed by clicking on the preceding link.
- Disclaimer: the terms and conditions contained in this document.
- User: any natural or legal person who visits with the Website and possibly user of this Website.
- Terms: link
- Privacy Policy : link
- Intellectual property: copyrights, models and drawings, patents, trademarks, database rights and neighbouring rights owned by BIONOVA NV or one of our parent/subsidiaries.
3. Content,use and safety
3.1 We reserve the right to amend, supplement or delete the content of the Website, as well as to change the range of products offered.
3.2 We make great efforts to keep the information made available complete, correct, accurate and up to date. The information on the packaging of a product is always leading only.
3.3 We cannot guarantee that the information on our Website does not contain any errors. If you should find any errors or a violation of applicable law and/or a violation of the rights of a third party, please report them by (email).
3.4 Prices or information about products on the Website are subject to programming and typing errors.
3.5 The User must refrain from actions that may be detrimental to the proper functioning and security of the Website. We are not responsible for any misuse of our Website by the User if this would cause damage to third parties.
3.6 The Website is used at the User's own risk. The User must always refrain from actions that could have a harmful impact on the proper functioning and security of our Website. The Website may therefore not be used to circumvent our business model and/or to collect information from other Users on a large scale.
3.7 It is not allowed to use our Website for the distribution of content that may cause harm to other Users, such as the distribution of harmful programmes such as computer viruses, malware, worms, trojans and cancelbots (and any other recent technique). This also applies to the distribution of unsolicited and/or commercial messages via the Website, such as junk mail, spamming and chain letters.
3.8 The use of our Website by minors without parental supervision or by unauthorised/authorised persons is prohibited.
3.9 If the Website uses cookies, you will find more information about this in our cookie policy and banner. You cannot exclude the use of functional cookies.
3.10 We endeavour to the best of our ability to ensure the security of our Website by taking all measures reasonably expected. In the event of a cyberattack on our Website, we will use all legal means to protect the integrity of the Website and our Users.
4. Information provided
4.1 The information submitted by the User through the Website for the purchase of products is subject to our Disclaimer, our General Terms and Conditions of Sale and our Privacy Policy.
4.2 The information provided by the User is correct and complete and the User will update the information as necessary.
4.3 If this information contains personal data, please refer further to our Privacy Policy.
5. Intellectual property
5.1 The contents of this website, including but not exclusively, all features, materials, texts, logos, software, data, images and trademarks are qualified as intellectual property rights. All copyrights, trademarks, patents and trade secrets are our exclusive property and that of our affiliated companies. The Intellectual property rights are protected under Belgian law or foreign law depending on the place of registration or creation of the Intellectual property. In any event, any Intellectual Property right is protected in accordance with international treaties.
5.2 The Intellectual Property Rights may only be used as permitted under this Disclaimer and our Privacy Policy. You are granted only a limited licence to access and use our Website for ordering purposes. No rights, title or interest are transferred.
5.3 The Intellectual Property Rights may not be copied, imitated, downloaded, reproduced, distributed, transmitted, reproduced, sold or used to any extent without our prior written consent. The User may not circumvent, disable or interfere with the security features that prevent or limit the above violations.
5.4 You are allowed to make a copy of your shopping cart and/or order confirmation at any time in order to keep a record of your order private. This copy may only be kept for personal use.
5.5 We may invite you to communicate your review and in doing so, you may be allowed to publish, distribute or transmit content and material. The contributions you send to our company will be treated as non-confidential and non-proprietary and may be freely shared with third parties.
6. Hyperlinks
6.1 The Website may contain hyperlinks, downloads or other mechanisms referring to third-party electronic portals, websites or links. This does not mean that there is any connection to our Website, nor that we have accepted their content.
6.2 This content is not under our control. These third-party links, downloads or mechanisms are accessed at the User's own risk. We are in no way liable for the content, security or privacy and cookie policy of the webpage to which the hyperlink, downloads or other mechanism refers.
6.3 The creation of hyperlinks to our Website must be approved by us in advance.
7. Liability
7.1 If we exclude our liability in any way in this disclaimer, this has always been done with the exception of physical damage, serious or wilful misconduct by ourselves, our employees or representatives.
7.2 We shall not be liable for any direct or indirect damage allegedly due to the use of the Website, the provision of incorrect information, losses or the corruption of data on the User's device or appliance.
7.3 We are not liable for any damage caused to a User by the misuse by a User or third party of our website. In any case, the damaging User or third party must fully indemnify us for any damage claim that follows.
7.4 We are not liable for the accuracy, legality, completeness or quality of the content of external Website, links or content linked to or other electronic communication portals that are not under our actual control. We recommend that Users consult the terms of use and privacy policy of a third-party website for more information.
7.5 We do not guarantee uninterrupted availability of the Website at all times and cannot be held liable in the event of unavailability or malfunction of the Website.
8. Complaints
8.1 The Disclaimer shall be exclusively administered and interpreted in accordance with Belgian law.
8.2 In the event of any dispute concerning the implementation or interpretation of this Disclaimer, the Parties shall use their best endeavours to find an amicable solution. Failing an amicable solution, any dispute shall fall under the exclusive jurisdiction of the court of the judicial district of the Company's registered office.
9. Final provisions
9.1 If any provision of the Disclaimer is void at law or is declared void by court order or is or becomes illegal, invalid or unenforceable in any respect under the laws of any jurisdiction, the remaining provisions shall be severable, shall not be altered thereby and shall remain in force.
9.2 If such circumstances arise and result in a significant imbalance in the rights and obligations of the Parties, which cannot be resolved by the application of the other provisions of this Agreement, the Parties will negotiate in good faith to formulate a clause that best reflects the original intention of the Parties.
9.3 If the Parties do not or do not immediately exercise certain rights to which they are entitled, this shall not have the effect of waiving those rights.
