Article 1: General
The following terms and conditions govern the use of the website of NCOI NV/SA (hereinafter referred to as ‘NCOI’), with domain name ncoi.be and all websites that have been or may be developed by NCOI, all referred to hereinafter as ‘the Website’.
This Website has been created and is managed by NCOI NV/SA, with registered office at 2800 Mechelen, Belgium, Motstraat 30, BE 0456.675.010. For further information please contact us.
By accessing and using the Website, you unreservedly agree to accept these terms and conditions of use and undertake to comply with them.
No legal form of partnership or alliance is created by the use of this Website.
Should any provision of these terms and conditions of use be inapplicable, or contrary to a mandatory statutory provision, this inapplicability shall not affect the validity or applicability of the other provisions.
NCOI reserves the right to change the provisions of these terms and conditions of use. The user is therefore requested to check the terms and conditions prior to each new use.
These terms and conditions are specific terms and conditions that relate solely to the use of the NCOI website and all other Internet and/or network initiatives of NCOI (see above), and must be read in conjunction with NCOI’s general terms and conditions, which remain fully applicable to the legal relationship between NCOI and the customer/user.
Article 2: Access to the Website
NCOI shall make every effort to ensure, as far as possible, that access to its Website is available 7 days a week and 24 hours a day, without offering any guarantee to this effect.
However, such access may be interrupted at times, in particular due to maintenance and updating, malfunctions or other technical reasons.
Article 3: Intellectual rights
The Website, including the texts, structure, layout, graphic elements, presentation, logos, software and all other elements contained therein, are protected by the intellectual rights of NCOI and, where applicable, its suppliers and partners. These intellectual rights include, but are not limited to, copyright, related rights, database rights and trademark rights.
Other product or trade names mentioned on this Website may be trademarks of their respective owners. The user may not modify, copy, distribute, transmit, translate, disseminate, display, reproduce, publish, license, transfer or sell any information, software, product or service obtained on these sites, or create works which are derived from the aforementioned elements, without the prior written permission of the rights-holder or NCOI.
The same applies to excerpts from works offered on this Website, even if they are offered free of charge. Any infringement of these intellectual rights may lead to civil and/or criminal proceedings being taken.
Any complete or partial reproduction of the NCOI catalogue is strictly forbidden.
Article 4: Liability
This Website is intended to provide general information about the activities and products of NCOI and any branches thereof.
NCOI and its information suppliers are not liable for any malfunctions, interruptions or faults from/on its Website, or for any consequences that may result from them for the user, customer or third parties.
The information, products and services, although assembled with the greatest care, contained on this Website may contain technical and substantive inaccuracies or typographical errors. NCOI therefore offers no guarantee whatsoever regarding the accuracy or up-to-dateness of the information offered on this Website.
NCOI is not liable for any shortcoming or any unlawful act, for indirect damage resulting from these terms and conditions or from contractual or product liability, or for any direct, indirect or incidental damage whatsoever, such as, including but not limited to operating loss, loss of profit, loss of opportunity, business or other damage, business stagnation or costs including personnel costs, even if such damage results from a gross or repeated negligence or misconduct caused by the Website (including its technical functioning or unavailability), viruses, computer crimes or hacking, even if NCOI was warned about such damage.
Likewise, NCOI is not responsible for any temporary or permanent damage or disturbance caused to the user’s of customer data or computer equipment while accessing the Website, consulting the pages of the Website or in general while transferring files and computer programs from the Website to its receiving hardware. NCOI is in particular not liable for any transfer of viruses via its Website.
NCOI is not liable for the fraudulent use of its means of distribution. NCOI declines all liability for any breach of its IT systems and any theft of data that may result therefrom. However, NCOI shall use all relevant means to prevent unauthorised breaches.
In the event of exhaustion of stock or unavailability of the product, or in the event of force majeure, unrest or total or partial strike, in particular of the postal services and transport and/or communication services, flood or fire, NCOI may not be held liable for non-execution of the contract concluded.
Article 5: Processing of personal data
(PROTECTION OF PRIVACY)
Article 6: Hyperlinks
Webspace outside the domains and subdomains of the Website, and in particular webspace to which users of customers are referred by means of hypertext links on the pages of this Website, remain the sole responsibility of the owners of such webspace.
NCOI is unable to exercise permanent control over these webspaces, or accept any liability for their content. The insertion of these links does not imply any endorsement by NCOI of the content contained on these websites.
NCOI therefore rejects all liability with regard to material and data of any nature contained in or distributed on the webspaces to which reference is made, and also rejects all liability with regard to the processing of any personal data that takes place therein.
Article 7: Applicable law and jurisdiction
All disputes connected with or arising from the Website or the use thereof will be exclusively subject to Belgian law, and the court of first instance in Brussels, the commercial court in Brussels, and the magistrates’ court of the first district of Brussels shall have sole jurisdiction. NCOI may only be summoned before these courts.
NCOI reserves the right, however, unilaterally, without prior notification and at any time to deny any user access to its Website in whole or in part, in particular in the event of a clear breach by the user or customer of the present terms and conditions.
Use of the Website is not permitted in countries where the entirety of these provisions, including this paragraph, does not apply.
If you do not agree with the content of these general terms and conditions, the sole remedy available to you is to stop using the Website.