Our website, www.berghoffoutlet.com, is owned and managed by us, the public limited company BERGHOFF WORLDWIDE, duly organized and existing under the laws of Belgium, with registered office at 3550 Heusden-Zolder, Boterbosstraat 6 bus 1, registered at the Register of Legal Entities of Antwerp, division Hasselt, under number 0453.048.495, VAT number BE 0453.048.495.
You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or by sending an e-mail to the e-mail address you provided to us when registering on our website. You may withdraw your consent to receive communications electronically by contacting us. However, if you withdraw your consent to receive communications electronically, you must discontinue the use of our website.
2. Property rights and use of website
You acknowledge and agree that our website and the Content are our property and are protected by applicable intellectual property and other laws. Subject to the limited rights expressly granted in this Agreement, we reserve all right, title and interest in and to our website and any other IP-rights, materials or other properties owned, licensed or controlled by us.
We grant you a non-exclusive, non-transferable, non-sublicenseable, revocable license to use our website, provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our website or the software, in whole or in part. All rights not specifically granted to you under this Agreement are expressly reserved by us.
You may not, for personal use, place a direct link to our website on your personal internet website without our prior written authorization. Any hypertext link to our website, using the framing, in-line or deep linking technique is strictly prohibited. In any event, every link to our website, even when authorized by us, must be removed from your personal website upon our simple request.
You understand that the technical processing and operation of our website may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
3. Third-party website
Our website may provide, or third parties may provide, hyperlinks to third-party materials, resources or websites operated by third parties. We are not liable for any content, advertising, products or other materials on or available from such websites or resources or the policies of such websites and resources. We should not be taken to be endorsing, publishing, permitting or authorizing such websites or materials. Therefore, please be warned that these websites are operated under the exclusive responsibility of their respective owners, who are solely liable for complying with laws and regulations applicable to the products and services sold on their websites.
We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
4. Disclaimer, liability, exclusion, liability limitation, release and indemnity
We do not accept any liability for your use of our website. For that reason, the following provisions apply to your use of our website.
Your use of our website is at your own risk. Our website is provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether expressly or implicitly, and including without limitation representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy or completeness, all of which are hereby disclaimed by us and our providers to the fullest extent permitted by law.
There will not be any representations, warranties or conditions created by a course of dealing, course of performance or trade usage. You are solely responsible for obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for you to use our website.
The internet is not a secure medium, may be subject to interruption and disruption, and inadvertent or deliberate breaches of security and privacy. The operation of our website may be affected by numerous factors beyond our control. The operation of our website may not be continuous or uninterrupted, secure or private.
Without limiting the generality of the foregoing, we and our providers make no representation, warranty or condition that:
We and our providers will not be liable to you or any other person for any loss or damages suffered by you or any other person as a result of any failure or refusal by us to give effect to, or for any failure or delay by us in receiving, accessing, processing or accepting, any communication sent to us by means of our website or email, or for any loss or damages suffered as a result of the operational failure, malfunction, interruption, change, amendment or withdrawal of our website or email services.
You agree that we shall have no responsibility for any damages suffered by you in connection with our website or any Content contained therein. You expressly agree that the use of our website, including all Content, data or software distributed by, downloaded or accessed from or through our website, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such Content, data and/or software.
You acknowledge that we do not control in any respect any information, products, or services offered by third parties on or through our website.
Except as otherwise agreed in writing, we and our affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of content or products distributed or made available by third parties through our website.
No advice or information, whether oral or written, obtained by you from us or through or from our website shall create any warranty not expressly stated in this Agreement.
4.2 Liability exclusion
To the fullest extent permitted by law, we nor our providers and/or all of our or their respective franchisees, partners, agents, directors, officers, employees, information providers, service providers, suppliers, subcontractors, licensors and licensees, nor all other related, associated, or connected persons will under any circumstances (unless in case of gross negligence or willful misconduct) be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, incidental, indirect or consequential loss or damage or exemplary or punitive damages, whether in contract, tort, negligence, strict liability, or under any other theory of law or equity, arising from, connected with, or relating to the use of our website by you or any other person, and regardless of any negligence or other fault or wrongdoing by us or above mentioned persons and notwithstanding that we or above mentioned persons may have been advised of the possibility of such loss or damages being incurred by you or any other person.
You hereby release, remise and forever discharge us and each of our providers and all of their respective franchisees, partners, agents, directors, officers, employees, information providers, service providers, suppliers, subcontractors, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of our website.
You agree to indemnify, defend us and hold us harmless and each of our providers and all of their respective franchisees, partners, agents, directors, officers, employees, information providers, service providers, suppliers, subcontractors, licensors and licensees, and all other related, associated, or connected persons (hereinafter collectively the "Indemnified Parties") from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or connected with your use of our website or your breach of this Agreement.
You will assist and cooperate as fully as reasonably may be required by the Indemnified Parties in the defense of any claim or demand. Advice and information provided by us and our providers or their respective representatives, whether oral or written, will not create any representation, warranty or condition or vary or amend this Agreement, including the above disclaimer, liability exclusion, liability limitation, release and indemnity provisions, and you may not rely upon any such advice or information.
5. Termination of this agreement and the website
We may, at any time and for any reason and in our sole discretion, change, suspend or terminate, temporarily or permanently, our website or any part of it without any notice to or liability towards you or any other person.
6. Miscellaneous matters
6.1 Governing law - Dispute resolution
All issues, questions and disputes concerning the validity, interpretation, enforcement, performance or termination of this Agreement shall be governed by and construed in accordance with Belgian law, without giving effect to any other choice of law or conflict-of-laws rules or provisions (Belgian, foreign or international) that would cause the laws of any jurisdiction other than Belgium to be applicable. This provision does not affect the application of mandatory legal provisions of all other countries, which will remain in full effect.
Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be submitted to the sole jurisdiction of the courts of our registered office.
Consumers (being natural persons who are not acting in the exercise of their business or profession) can also lodge any complaints they have regarding our online activities via the Online Dispute Resolution platform of the European Union (http://ec.europa.eu/consumers/odr). By lodging a complaint there, the consumer agrees to have the claim resolved out of court. The consumer accepts that this provision is solely informative and does not contain any obligation or commitment of us to agree to have the claim resolved via the Online Dispute Resolution platform.
6.2 English is Governing Language
This Agreement is in English and all disputes between the parties shall be resolved in English. You understand and acknowledge that any foreign language services provided by us are for informational purposes only and it is your obligation to obtain independent legal advice at your own expense to ensure you understand the terms of this Agreement.
6.3 Our relationship
This Agreement does not create any relationship of principal and agent, partners, joint ventures, employer and employee, fiduciary or similar relationship between the parties. You are not authorized to make any promise, warranty or representation on behalf of us or obligate or attempt to obligate us in any manner whatsoever. You shall not represent to any person that you are our agent, nor fail to correct any misunderstanding as to such status.
We may freely assign or transfer any or all of the rights and obligations described under this Agreement without your consent and without notice to you. You may not assign this Agreement or any of your rights and duties hereunder without our prior written consent. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assignees.
If any provision of this Agreement is declared or determined by any court to be unenforceable or invalid: (i) the validity of the remaining parts, terms or provisions shall not be affected by that determination; (ii) the unenforceable or invalid part, term or provision shall not be deemed to be part of this Agreement; and (iii) such court may substitute a provision that is legal and enforceable and is as nearly as possible consistent with the intentions underlying the original provision. If the remainder of this Agreement is not materially affected by such declaration or finding and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by applicable law.
You shall not issue or make any publicity release (including press releases and advertising or solicitation materials) or other public statement: (i) relating to this Agreement; (ii) using our name or referencing to us or our services; or (iii) suggesting or implying any endorsement by us of you and/or any services without our prior written approval, which we may withhold at our sole discretion.
6.7 Entire Agreement
This Agreement constitutes the complete and exclusive agreement between the parties relating to the subject matter hereof. It supersedes all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this subject matter. We reserve the right to amend this Agreement at any time.
The waiver or failure by us to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. Our rights and remedies set forth in this Agreement are cumulative and are in addition to any rights or remedies we may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.
6.9 Force Majeure
We shall not be responsible for delays or failures in performance resulting from acts of God, strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts, changes in governmental regulations, epidemics, fire, communication line failures, power failures, earthquakes, other disasters or any other reason where failure to perform is beyond the control of, and not caused by, us.
Except as otherwise expressly provided herein, any notice, request, approval, authorization, consent, demand or other communication required or permitted to be given or made pursuant to this Agreement shall be in writing and shall be deemed given on the earliest of: (i) actual receipt, irrespective of the method of delivery; (ii) the time of transmission from us if sent via email, as date stamped by our systems; (iii) on the delivery day following dispatch if sent by express mail (or similar next day air courier service); or (iv) on the sixth (6th) day after mailing by registered or certified mail, return receipt requested, postage prepaid and addressed to the last address provided by a party.
6.11 Headings / Interpretation
The descriptive headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement.