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We would like to thank you for visiting our website, accessible on www.tyres-bernaerts.com, hereinafter
referred to as “tyres-bernaerts.com”, and administered by NV Bernaerts Tyres International, whose registered office is located at B-2930 Brasschaat, Bischoppenhof 20, with VAT nr. BE898711235,
hereinafter referred to as “Service Provider” or “Provider”.
Please carefully read these Terms of Use and the Privacy Policy. These Terms of Use and the Privacy Policy
determine the conditions for access to the website tyres-bernaerts.com and the privacy terms apply to the processing of your personal data.
Please be advised that the placement of orders of products offered on tyres-bernaerts.com are subject to
specific general terms and conditions provided on tyres-bernaerts.com, as communicated in the e-mail confirming upon registration. These general terms and conditions are part of the present Terms of Use.
1. TERMS OF USE FOR TYRES-BERNAERTS.COM
1.1. REGISTRATION
In order to use the website tyres-bernaerts.com the User must apply for
registration by sending an e-mail to the e-mail address office@bernaerts-int.be. Registration is free of charge.
This e-mail must include the following: name, address, e-mail address and phone number of the User, as well
as the type of business entity and registration number if applicable.
If the application is accepted, the User receives a confirmation stating his Username and password along with
a copy of the Terms of Use, the Privacy Policy and the general terms and conditions of the Provider which are applicable to the User.
The User shall under no circumstances appropriate or use a Username and/or password not belonging to him. The
User shall make reasonable efforts to keep his Username and/or password confidential and to prevent any third party from misappropriation. The User is solely responsible for the confidentiality of his
Username and/or password and for any act resulting from the use thereof. The User agrees to notify the Provider immediately of any unauthorized use of his Username and/or password or any other actual or
potential breach of security of tyres-bernaerts.com as well as every intrusion on the rights of third parties to the Provider. The User agrees to log out after each use of the website and to verify such
logout.
The Provider has the right to refuse the registration of any User not complying with the conditions. If the
Provider accepts registration, he shall allow access to tyres-bernaerts.com in accordance with the present Terms of Use. When using tyres-bernaerts.com, the User agrees:
Not to be registered on tyres-bernaerts.com with multiple accounts
To provide for correct, up-to-date, accurate and complete user data
To regularly revise his user data to assure they are correct, up-to-date,
accurate and complete To not appropriate the identity of another person or entity,
or to use a false (company) name.
In the event that the user data, transferred by the User, is not correct, up-to-date, accurate and complete,
the Provider reserves the right to immediately suspend or permanently deny access to tyres-bernaerts.com.
Upon confirmation of registration of the User, he has access to the online services of tyres-bernaerts.com.
The Provider makes reasonable efforts to allow 24/7 access to tyres-bernaerts.com. Considering the technical properties of the internet the Provider cannot completely exclude any interruption of access
to the website because of maintenance or delay in data transfer. The Provider may not completely prevent any downtime of the server. In the event of downtime or interruption of one of the servers, the
Provider makes reasonable efforts to restore the website as soon as possible.
1.2. FAIR USE OF TYRES-BERNAERTS.COM BY THE USER
The User agrees to make fair use of the services
provided by the Provider and to abide by the provisions set forth in these Terms of Use as well as the applicable law, including but not limited to the provisions regarding intellectual property rights.
In general, it is forbidden to use the services in an infringing or fraudulent manner. Every use contrary to the provisions of public policy or common moral values is prohibited.
The use of services provided by the Provider in a way which impairs the functionality of this website and the
services provided is prohibited.
The User is responsible for the protection of the data, his software and his hardware and telecommunication
equipment against virusses circulating on the internet, as well as any other risk including computer hacking. The Provider reserves the right to take any necessary measures against the User, including
blocking the access of the User to the services provided by the Provider, in the event that the infrastructure of the Provider is endangered, without limitation of claiming damages. The User is solely
responsible for disclosure of confidential information through use of the services provided on tyres-bernaerts.com. He takes all necessary steps to preseve the confidentiality and assure the integrity of
the data.
The User does not have the right to manipulate, appropriate or use the available data on tyres-bernaerts.com
for publications or services which may compete or collide with any publications or services now or hereafter provided by the Provider. The data may only be used for personal purposes or for the use by
companies registered on the website. The data may under no circumstances be sold or transferred to third parties.
Any query, retrieval or re-use of a substantial amount of data from the database provided to the User by the
Provider is strictly prohibited, without prior written consent. The terms “retrieval” and “re-use” are translations of terms as defined in article 2 of the Act of 31 August 1998.
The User agrees not
to violate, copy, distribute, sell, transfer or use the access codes or technical safety measures applied with tyres-bernaerts.com.
The User agrees not disturb or disrupt the access to or use of the hardware and software related to
tyres-bernaerts.com in any way.
1.3. LIMITED LIABILITY AND GUARANTEES
The content of the website tyres-bernaerts.com is subject to
changes, the website may always be removed and is provided to the User without any explicit or implied guarantee. The Provider does not guarantee or confirm that the use by the User of any content of the
website does not infringe on the rights of any third parties, nor that the information is correct, complete or up-to-date. Referring to the news section of the website, the messages, the bulletin-boards
and the like, the Provider cannot be held liable for or because of any prohibited, menacing, fraudulent, misleading, rude, intimidating, libellous, vulgar, obscene, scandalizing, inflammatory,
pornographic or profane materials, or any other materials that may be considered criminal or may give rise to criminal offences or civil liability or may violate any legal provisions in any way.
The
User uses the website tyres-bernaerts.com at his own risk. The Provider, any related companies, spokesmen or managers, representatives or any other party involved in the creation, production or delivery
of the website cannot be held liable for direct, indirect, incidental, special or other damage resulting from or linked to the use of the website or its content.
The website tyres-bernaerts.com contains links to third party websites, that are not administered, hosted or
maintained by the Provider. The Provider is not responsible for the content of any such website, the links appearing on such websites, nor any updates of such websites.
1.4. INTELLECTUAL PROPERTY
The Provider is the exclusive owner of intellectual property rights
related to the website tyres-bernaerts.com and to the services provided. The User agrees not to copy, use, exploit or appropriate whole or part of the elements composing tyres-bernaerts.com in any way.
These elements include but are not limited to texts, software, forms, names, logos, graphic elements, graphs, music and color combinations.
1.5. FORCE MAJEURE
The Provider may not be held liable for the failure to comply with the
provisions of the Terms of Use, when such failure is caused by or due to force majeure, an act of God or any situation or event beyond the control of the Provider.
2. PRIVACY POLICY
2.1. GENERAL
Tyres-bernaerts.com abides by the provisions as set forth in the Act of 8 December
1992 on the protection of privacy relating to the processing of personal data, amended by the Act of 11 December 1998 transposing Directive 95/46/EC of the European Parliament and of the Council of 24
October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and by the provisions in the Act of 13 June 2005 on electronic
communication.
The Provider is responsible for the processing of your personal data. A declaration has been submitted to the
CBPL (the Belgian Privacy Protection Commission) for the processing of your personal data.
2.2. PERSONAL DATA TO BE COLLECTED
a) Data communicated to us
On the application form on
tyres-bernaerts.com: name and first name / company name and type of business entity / trade register number / residence / registered office / nature of your commercial activities / password / contact
details (email, phone, cell, fax).
b) Automatically collected data
Through “cookies” we collect: the choice of language and your login. A
“cookie” is a small applet sent out by our server and installed on your hard drive. The information saved on these cookies can only be read by the Provider and only during your visit on the website.
These cookies facilitate the use our website and render your visits more pleasant as our server is able to adapt the appearance of our website as well as the banners depending on your visits. E.g. you
can have direct access to the website in the previously chosen language (Dutch – English – French – German). You can refuse the installation of cookies by altering the configuration of your web browser
(tab “Tools/Internet Options/Security” in Microsoft Internet Explorer; tab “Preferences” in Netscape). The use of this option has no influence on the access to the services provided on this website.
Certain data may also be collected, without being saved in cookies. They may only be read by the Provider and
only during your visit on the website. Such data includes: your TCP/IP address, the type and version of your web browser, the previously visited webpage and the expiry date and CID code of your credit
card.
c) The personal data communicated by commercial partners
Our partners guarantee having obtained your
permission to communicate your personal data to us.
2.3. PURPOSES OF PROCESSING
a) General Purposes
Your personal data is collected in order to:
enable the delivery of the services provided on tyres-bernaerts.com,
including information and publicity; enable the visitors to read your publicity and to contact you (if you placed
advertisement on tyres-bernaerts.com); send you information corresponding with your query; keep you informed of new products and services provided on
tyres-bernaerts.com, and of any changes in the provision thereof; manage the technical administration of our website, as well as client
administration and invoicing; draw up statistics or inquiries relating to the number of visits to
different segments of the website, after having rendered all data anonymous.
b) Direct marketing and communication to third parties
Your personal data is kept strictly confidential and shall not be communicated to third parties under any
circumstances, nor shall your data be used for direct marketing purposes, without your prior consent (“opt-in”) upon your application on tyres-bernaerts.com and except for the data provided to our
technical staff, salesmen and buyers to allow for delivery of the products and services provided on tyres-bernaerts.com.
Such consent may be withdrawn at any moment without justification and free of charge.
In order to exercise the right of opposition against the processing of your personal data for direct
marketing purposes, an email should be sent to office@bernaerts-int.be.
2.4. DURATION OF CONSERVATION OF DATA
Your data will be conserved for a duration that is necessary
to deliver the service by the Provider.
2.5. RIGHT OF ACCESS AND CORRECTION
Tyres-bernaerts.com provides you with the opportunity to freely
access, correct or alter your personal data, which may be done in “Services – Change Profile” on tyres-bernaerts.com, using your Username and password.
You may also ask the Provider to eliminate all your personal data from the database by sending a letter to NV
Bernaerts Tyres International, Bischoppenhof 20, 2930 Brasschaat (Belgium), including a copy of your identity card.
You are free to provide the Provider with your personal data. When choosing not to provide any data upon
registration on the application forms, some of the services may be refused. You are solely responsible for the accuracy of the data provided to the Provider.
If you desire not to receive any more
periodical information on our products and services, you may contact us on the email address as mentioned above.
2.6. RIGHT OF OPPOSITION
Your right of opposition against the processing of your personal data may
be exercised by sending an email to office@bernaerts-int.be. You cannot oppose against the processing of your personal data when such processing is necessary for the compliance with contractual
obligations.
If you desire not to receive any more periodical information on our products and services, you may contact us
on the email address as mentioned above.
2.7. SECURITY AND CONFIDENTIALITY
The Provider has developed security measures that are technically
and organisationally tuned to avoid any destruction, loss, forgery, alteration, unauthorized access or inadvertent communication to third parties of personal data collected on tyres-bernaerts.com, as
well as any other unauthorized processing of these data.
The Provider cannot be held liable under any circumstances for any direct or indirect damage resulting from
faulty or unlawful appropriation or use of personal data by third parties.
Therefore, it is paramount to comply with the security provisions, including the prevention of unauthorized
access to your Username and password. You are solely responsible for the use of your Username and password on this website, including the confidentiality thereof.
The employees of the Provider who have access to your personal data, are also bound by the same restrictions
of confidentiality.
We would like to inform you that tyres-bernaerts.com contains links, hyperlinks of references to other
websites beyond our control on which the present Privacy Policy is not applicable. These websites are not administered by the Provider.
The Provider is not responsible for the content of the websites which the links refer to, nor for the
products or services offered on those websites. We advise you to carefully read through the privacy policy of every website you visit as these policies may vary from the present Privacy Policy.
3. GENERAL PROVISIONS
3.1. ALTERATIONS
If certain processing would appear to be necessary without being included in the
Terms of Use or the Privacy Policy, we shall contact you by email prior to using your personal data, in order to inform you of this new type of processing and to allow you to object to this use.
If the present Terms of Use or Privacy Policy are changed, the new version shall be available on this
website. It is important to check the date of last update of this document as mentioned above, with each visit to tyres-bernaerts.com.
3.2. APPLICABLE LAW AND JURISDICTION
The present Terms of Use and Privacy Policy are governed by
and construed in accordance with Belgian law.
The Courts and Tribunals of Antwerp (Belgium) have exclusive jurisdiction in all disputes arising out of or
relating to the Terms of Use and Privacy Policy.
3.3. ACCEPTANCE
By using tyres-bernaerts.com you accept all provisions of the Terms of Use or
Privacy Policy and you endorse the collection and processing of your personal data by the Provider in accordance with the provisions set forth in the Privacy Policy.
3.4. CONTACT
For any additional information or remarks concerning the Terms of Use, the Privacy
Policy or the way in which we collect your data, please contact the Provider on the following address: NV Bernaerts Tyres International, Bischoppenhof 20, 2930 Brasschaat (Belgium),
office@bernaerts-int.be.
Every complaint or dispute should be send by registered mail to the address as mentioned above.
Every
announcement to be made by the Provider is communicated on the website tyres-bernaerts.com or by email to the User(s).
3.5. VALIDITY – NO PRESUMPTION OF RENUNCIATION – PRIORITY
The fact that the Provider does not
exercize one or more rights or provisions from these terms or corresponding contracts may not be considered to be a renunciation of those rights or provisions.
If any provision of these Terms of Use or Privacy Policy should be held invalid, illegal, unenforceable or in
conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Parties agree to replace a provision
held illegal or unenforceable with a provision with similar economic effect.
The Dutch version of these Terms of Use or this Privacy Policy supersede the French, English and German
translations. If there should be any inconsistency between the Dutch, French, English or German versions, the Provider is only bound by the Dutch version.
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