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Terms & Conditions EUROPEAN BOUMATIC ONLINE SALES PLATFORM

TERMS AND CONDITIONS OF USE OF THE EUROPEAN BOUMATIC ONLINE SALES PLATFORM

GENERAL INFORMATION

This website is a platform enabling BouMatic's independent dealers (the “Dealers”) to connect with professional milk producers/dairy farmers (the “Users”) by electronic means for the purpose of reselling consumables (the “Products”) required for the use of BouMatic milking systems, livestock management and feeding systems (the “Platform”).

Only authorized BouMatic Dealers are entitled to offer Products through the Platform.

Host

The Platform is hosted by BOUMATIC GASCOIGNE MELOTTE SPRL, a company incorporated under Belgian law,having its registered office at 31, Rue Jules Melotte, 4350 Remicourt, Belgium and registered under number BE0866755277 (“BGM”).

Apart from sales operated directly by BGM on the Platform, its role is limited exclusively to that of a host in the meaning of Directive no. 2000/31/EC on e-commerce of 8 June 2000, i.e. to a purely technical, automatic and passive role. As a consequence, BGM is not liable for any information provided, transmitted and/or stored by a Dealer on or by means of the Platform. A Dealer is liable for all information it may provide, transmit and/or store on or by means of the Platform.

Publisher

For sales operated by BGM on the Platform: BOUMATIC GASCOIGNE MELOTTE SPRL, a company incorporated under Belgian law, having its registered office at 31, Rue Jules Melotte, 4350 Remicourt, Belgium and registered under number BE0866755277.

Publication Manager: Carsten Nielsen, General Director BGM

Co-publication Manager: Gilles Mainbourg, Sales & Marketing Director BGM

For sales operated by a Dealer on the Platform, please directly contact the Dealer to obtain the relevant information. All information regarding the Dealer, including its contact details, is available on its dedicated page on the Platform.

Contacts

To contact BGM, please use the following contact details:

Email address: webshop@boumatic.com

  • Telephone: +32 (0) 19 54 42 66

GENERAL TERMS AND CONDITIONS OF USE

The following conditions (the “Terms and Conditions of Use”) aim at defining the terms and conditions of use of the Platform by Users.

Any User registered on the Platform declares having read the Terms and Conditions of Use and expressly accepts them without any reservation. The Terms and Conditions of Use are therefore fully enforceable against any User using the Platform.

Registration on the Platform

Prior to using the Platform, the User must register by creating its own user account (the "Account").

Registration is open exclusively to professional milk producers/dairy farmers.

Indeed, the Products offered on the Platform are technical, complex and their use is subject to compliance with safety precautions. They cannot under any circumstances be used by any other persons than professional milk producers/dairy farmers and for any other purpose than the professional use of BouMatic milking systems, livestock management and feeding systems.

The information to be provided by the User enables BGM to verify that the User is a professional milk producers/dairy farmer before activating its Account and allowing it to buy Products on the Platform for its professional use.

The registration is free of charge for all Users.

Creation of an Account

In order to create its Account, the User must provide the information requested during the registration process. The User guarantees that all information it enters during the registration process is complete, accurate and true. The User must keep all information it enters during the registration process up to date. The same applies for any information entered by the User via its Account after registration on the Platform. Any update can be made by the User via the dedicated feature on its Account.

BGM shall not be held liable for any consequences of incomplete, erroneous or false information entered by the User when registering on the Platform and/or via its Account after registration.

Each User may only hold one Account.

Management of the Account

Following the registration, BGM provides the User with a username and a password (the “Identifying Elements”) so it can use the Platform. The access by the User to the Platform is only possible and authorized via its Account, by using the Identifying Elements provided by BGM. The Account is the main tool for the User to manage its activity on the Platform.

The User is solely responsible for the security and confidentiality of its Identifying Elements and commits to use them strictly on a personal basis. The User will only disclose the Identifying Elements to its staff on a strict need-to-know basis.

The User must not disclose its Identifying Elements to third parties in any way, even to IT services providers, without prior and written authorisation from BGM. All requests to disclose Identifying Elements to third parties must be submitted to BGM in writing and identify the third party to which the Identifying Elements will be entrusted, the task to be carried out and its duration.

Any access to the Account made using the Identifying Elements is considered to have been made by the User. Access to the Account is always under the User’s sole responsibility, even in cases of access by a third party authorised by the User and duly approved by BGM.

Should BGM find that access to the Account does not comply with the above, it may suspend the User’s access thereto. BGM will immediately inform the User, which commits to provide BGM with any support it requests in order to identify the origin and the conditions of this non-compliant access.

If the User has made fraudulent use of the Identifying Elements, BGM is entitled to close the Account. In such a case, the User is formally prohibited from re-registering on the Platform, in particular by means of another e-mail address or through the intermediary of another individual or legal entity, without an express prior authorisation from BGM.

If the User identifies a risk or becomes aware of a situation likely to compromise the security or confidentiality of the Identifying Elements (loss, theft, fraudulent acts, etc.), it must inform BGM as soon as possible (the “Security Alert”). Upon receipt of this notification, BGM will proceed to study the Security Alert and may, as a precautionary measure, suspend all access to the Account. BGM will deal with the Security Alert as soon as possible and will transmit new Identifying Elements to the User.

The User remains responsible for any access to its Account by third parties until BGM issues new Identifying Elements. The User will hold BGM harmless for all losses and for any third-party actions or claims resulting from the fraudulent use of its Identifying Elements.

Operation of the Platform

Relationship between the parties

The Platform is a space enabling Dealers to connect with Users by electronic means and, as the case may be, to conclude sales contracts.

Under no circumstances is BGM a party to any sales contracts that may be concluded between a Dealer and a User through the Platform. As a result, BGM bears no obligation or liability of any kind in relation to any sales contracts concluded between a Dealer and a User through the Platform.

The Dealer is an independent trader. It resells the Products on the Platform in its own name and on its own behalf, at its own risk.

Finally, the use of the Platform by a Dealer may not be interpreted as creating any kind of common interest or association between BGM and the Dealer concerned nor as giving the Dealer concerned the quality of representative, agent or proxy of BGM.

Choice by the User of a Preferred Dealer

In order to create its Account, the User fills in various information, including its professional address (in principle, that of its dairy farm) (the “Designated Location”). The Dealers nearest to the Designated Location, identified using a geolocation tool and in consideration of the delivery limits each of them have entered, then appear on a map.

The User selects a Dealer on the map and the Products of this Dealer will then be systematically offered for purchase, under said Dealer’s terms of sale, when the User makes any search on the Platform (the “Preferred Dealer”).

This choice made when the User registers on the Platform does not, however, imply that it cannot change its Preferred Dealer at any time using the dedicated feature available in its Account.

Unavailability of Products from the Preferred Dealer

If the Preferred Dealer does not offer all or part of the Products sought by the User on the Platform, the User is automatically redirected, only for the unavailable Products concerned, to the nearest Dealer within the above-mentioned geographical limits that does offer these Products on the Platform.

If no Dealer covering the User’s Designated Location offers the Product(s) sought on the Platform, the Platform may still offer the Product(s) in question, which will then be sold directly by BGM.

Prices on the Platform

The prices displayed on the Platform are those set by the Dealer in its capacity as an independent trader.

The price invoiced to the User is the Dealer’s price as displayed on the Platform at the time when the order is confirmed by the User.

Conditions of sales

For sales operated by a Dealer, please refer to the Dealer’s general terms and conditions of sales as made available on its dedicated page on the Platform or upon checkout of the shopping basket. If not, please contact the Dealer by using the contact details available on its page on the Platform. Each Dealer has its own sales, delivery and return conditions.

For sales operated directly by BGM on the Platform, please refer to BGM’s General Terms and Conditions of Sales as made available at the following link: We shall insert the link when ready or upon checkout of the shopping basket. The version of BGM’s Terms and Conditions of Sales applicable to the sale is the one in force at the time when the order is confirmed by the User.

Order processing on the Platform

Orders placed by the User with a Dealer and paid for on the Platform are immediately sent to the Dealer for confirmation. When the order is confirmed, the User will receive an email accordingly.

If an order is refused or cancelled by the Dealer, BGM can, at its sole discretion, take over the handling and delivery of the order directly. In this case, the User will be informed accordingly

The Dealer, or as the case may be, BGM, will honour the order under the conditions agreed with the User (notably in terms of price, delivery preference and delivery period). When the order is ready for collection or shipment, the User is notified thereof by email.

In this respect, a reminder is given that, when the sale is being made between the Dealer and the User, all legal and regulatory obligations associated with a Product vendor, as well as any related liabilities, apply exclusively to the Dealer originator of the sale.

Payment and invoicing on the Platform

Orders must be paid by credit card upon placement, through the Platform’s secure payment service (Mollie), the following methods of payment are accepted : Mastercard, Visa, Maestro, Sofort Banking, CB, Bancontact, PayPal, SEPA Direct Debit, SEPA Bank Transfer. Payments are collected by BGM, in the name and on behalf of the Dealers.

If the order is refused or cancelled by the Dealer, and the handling thereof is not taken over by BGM, the relevant amount paid by the User shall be reimbursed by the Dealer.

The Dealer, or as the case may be, BGM, will issue an invoice to the User.

Accessibility of the Platform

BGM undertakes to implement all the means available to it to ensure the permanent accessibility of the Platform for the Users, except for scheduled and unscheduled maintenance periods and possible technical incidents that might restrict access to the Platform or make such access impossible.

BGM will inform the User of any difficulties in using the Platform and/or the Account and will make its best efforts to remedy it as quickly as possible, without any guarantee of recovery time. Also, it is recalled that the transmission of data over the internet only benefits from a limited reliability. The networks used to transmit such data may have different characteristics and capacities, and are likely to be saturated at certain times of the day, which may affect their delay of transmission and their availability.

It is expressly specified in this regard that BGM is bound by a best-efforts obligation, excluding all others, and is not liable if the Platform and/or the Account is fully or partially unavailable.

Liability

BGM cannot be held liable for any indirect damage, resulting from the User's use of the Platform, and/or from the User's inability to access the Platform, the User's use of the elements contained on the Platform, and/or from any default, bug or interruption of the Platform.

BGM will make its best efforts to secure the User's access to the Platform, but shall not ensure full security. BGM shall not be held liable in relation to any bug or damages relating to the use of the Internet network, such as service breakdowns, external intrusions, or the presence of IT viruses, or security breaches that may cause damages to the User's IT equipment or data.

Also, BGM shall not be liable for the consequences resulting from the User's violation of the Terms and Conditions of Use. Therefore, the User undertakes to indemnify BGM in case of action from a third party on such grounds, or in case BGM is sanctioned due to the User's fault.

Intellectual property

The Platform

The Platform consists notably of one or several software assets, one or several databases and elements of all kinds eligible to protection by intellectual property rights (notably signs, graphics, text, sound, images, etc.). All the components making up the Platform and all the rights associated with them are BGM’s exclusive property. The Terms and Conditions of Use do not involve any transfer of rights to the benefit of the User.

The User must not grant access to the Platform to any third party or act in any way likely to directly or indirectly infringe BGM’s intellectual property rights over the Platform and the components it comprises.

The User shall not extract and/or re-utilize parts of the content of the Platform without the prior written authorization of BGM. In particular, the User shall not use any screen scraping, web scraping, or "crawling" robot, or any similar tool for the collection of data in order to extract or re-utilize a substantial part, or a non-substantial part but in a systematic or repeated way, or the elements contained on the Platform.

Finally, the User must not access or attempt to access the Platform by any means other than the Platform interface provided by BGM or to undertake any activity likely to obstruct or disrupt the operation of the Platform.

Distinctive signs

The User is also informed and acknowledges that the name of the Platform, like the name of the associated domain and, more generally, all names, trademarks, logos or commercial names, constitute distinctive signs belonging to BGM, which the User commits to respect, and which use for any purpose or on any medium whatsoever requires prior and written authorisation from BGM.

Cookies

A "cookie" is a sequence of information, usually small and identified by name, that may be transmitted to the User’s internet browser by the Platform. The User’s web browser will store it for a period of time, and will send it back to the Platform’s server each time the User reconnects to the Platform.

The following types of cookies are placed on the Platform:

• PreferredRegion

• PreferredLanguage

• CraftSessionId

• CRAFT_CSRF_TOKEN

• {randomly generated string}_username

• cookieNoticeClicked

These cookies make it possible to store information relating to the User’s browsing on the Platform, as well as any data entered by the User, particularly in the context of searches on the Platform and connection to its Account (username and password).

The User expressly authorises BGM to place such cookies on its computer. However, at all times, the User has the possibility to block, modify the storage period, or delete these cookies through the interface of its internet browser, or through the dashboard available on the Platform.

If the systematic deactivation of cookies may prevent the User from using part or all of the functionalities of the Platform, this malfunction shall under no circumstances constitute damage for the User, who may not claim any compensation on this ground.

Data protection

BGM is responsible for processing User data collected on the Platform, for which it commits not to disclose or sell the entrusted User’s personal data to third parties, except regarding for the purpose of the sales concluded between Users and Dealers on the Platform.

The Dealers will also act independently in the capacity of data controller for their own purposes concerning the management of their sales and compliance with the applicable legal obligations regarding the processing of the personal data of Users making purchases from them. Therefore, BGM shall not be responsible for the processing operations carried out by the Dealers, under their own responsibility.

In accordance with the applicable personal data protection regulations, and in particular the provisions of the General Data Protection Regulations no. 2016/679 (GDPR), it is specified that personal data relating to the User as collected by BGM will be used only for the following purposes:

to achieve sales on the Platform under the conditions as described herein;

  • to verify that the User is a professional milk producer/dairy farmer;
  • to enable prospecting, commercial promotion or statistical studies;
  • more generally, to meet legal and regulatory obligations and for accounting, sales & marketing purposes
  • Address: 31, Rue Jules Melotte, 4350 Remicourt, Belgium
  • Email address: jbeaufort@boumatic.com
  • Telephone: +32 (0) 19 54 42 66

The processing of such personal data is based on the execution of the Terms and Conditions of Use, the respect of legal and/or regulatory obligations incumbent to BGM and the legitimate interests of BGM to inform its Users on news or offers on the Platform, and to collect statistical data, notably to improve the Platform .

The User is also informed that its personal data could be transferred to recipients located inside the European Union or to a country which personal data protection is considered adequate by the European Commission. More generally, personal data relating to the User may only be transmitted to the Dealers, to the service providers acting on behalf and pursuant to the instructions of BGM, to affiliates of BGM and to external counsels of BGM.

The personal data collected by BGM under these Terms and Conditions of Use will be stored as long as the User’s Account is active, or in case the User Account is inactive, for a period of five (5) years after the last connection of the User on the Platform. In this respect, BGM will notify the User by email, and in case the User does not react, the User Account shall be closed. The User's personal data may also be retained by BGM in intermediary archives for the applicable limitation periods or for the durations prescribed by legal retention obligations.

The User has the possibility to access its personal data and request to rectify or delete them if they are inaccurate, incomplete, ambiguous or out of date. The User also has the right to object to the processing of its personal data, for reasons relating to its particular situation, provided that legitimate and compelling reasons do not prevail for such processing, or to request the processing to be limited. The User also has the right to communicate instructions as to the fate of its personal data in the event of death.

In case the User may want to exercise these rights or has any questions related to the protection of its personal data, the User is invited to contact the person in charge of this topic at BGM by using the following details:

- Joseph Beaufort, HR & Finance Director BGM

Please note that you can also file a complaint to the Commission Nationale de l'Informatique et des Libertés(CNIL) located 3 Place de Fontenoy, 75007 Paris (https://www.cnil.fr/fr).

Applicable law and Jurisdiction

The Terms and Conditions of Use are governed by Belgian law, with the exception of provisions relating to the conflict of laws.

Before any legal action, the parties will, in good faith, seek to amicably settle any dispute concerning the Terms and Conditions of Use. The parties will make an effort to find an amicable agreement within thirty (30) calendar days from notification by one of them of the need for such a settlement by registered letter with acknowledgment of receipt.

If there is no amicable agreement, all disputes in relation to the Terms and Conditions of Use will be submitted to the exclusive jurisdiction of the appropriate courts of Liège, including cases involving more than one defendant, incident claims, introduction of third party warranty or summary proceedings.

Miscellaneous

If BGM does not avail itself of one of the provisions of the Terms and Conditions of Use, or delays doing so, this cannot be interpreted as a waiver of the right to enforce that provision in the future.

BGM reserves the right to modify at any time the Terms and Conditions of Use, it being specified that any modifications made to Terms and Conditions of Use may be subject of prior information and acceptance by the User.

In the event that any provision of Terms and Conditions of Use is considered as invalid, null or inapplicable, for whatever reason, this provision shall be deemed severable and shall in no way affect the validity and enforceability of the other provisions.

The Terms and Conditions of Use are written in English. This version prevails over any translation that may be made into another language.