1. Identity and contact details of DKM BVBA
1.1. The website available at www.dkm-customs.com (herinafter: the “Website”) is operated by and is the property of DKM BVBA, with company number BE 0880.384.371 and registered office at Noorderlaan 72/2 2030 Antwerp (hereinafter also reffered to as “we”).
1.2. Information and details about DKM BVBA:
LEGAL FORM: BVBA
Company name: DKM
Trade name: DKM-Customs
Registered office: Noorderlaan 72/2, 2030 Antwerp, Belgium
VAT number: BE 0880.384.371
Phone number: +32 (0)3 205 60 20
E-mail: info@dkm-customs.com
Hyperlink(s) Website: www.dkm-customs.com
2. Applicability of these terms of use
2.1. These terms of use apply exclusively to the use of the Website. These terms and conditions do no tin any way cover the usage policies of other service providers that you use on or through the Website.
2.2. Before you may in any way use (the services connected with) the Website, you must expressly, fully and irrevocably agree to (the application of) these terms of use by clicking on the ok button. The text of these terms and conditions of use can be consulted at any time under the heading ‘Terms of use – Disclaimer’ on the Website.
2.3. The possible nullity or non-applicabaility of one or more provisions of these terms of use will not lead to the nullity of the whole of these terms of use.
2.4. DKM BVBA reserves the right to change these terms of use at any time. Amendments will be announced on the Website and/or by electronic means. Continued use of the Website will be considered as acceptance of the new terms and conditions. These terms of use were last modified on 01/12/2020.
2.5. These terms of use apply without prejudice to the possible application of mandatory legal provisions for the protection of consumers (in particular the relevant provisions of the Economic Code (EC)).
3. Terms of use
3.1. Information and content on the Website
3.1.1. DKM BVBA endeavors to ensure that the information on the Website, i.e. all data and information in the broadest sense, including photos, video files, texts, etc., is correct, complete and up-to-date. Despite our efforts, errors may occur for which DKM BVBA does not accept any liability.
3.1.2. DKM BVBA cannot rule out the occurrence of breakdowns, interruptions or technical errors that limit or prevent access to the Website.
3.1.3. The information on the Website is of a general and indicative nature, has not been adapted to personal or specific circumstances, can in no way be considered as personal advice or a contractual (result) commitment and cannot give rise to compensation or termination of the agreement with DKM BVBA. The information on the website is available in the state as consulted, without any guarantees being given. The use of the website and the information it contains is therefore at your sole risk and responsibility. You acknowledge and accept that the commitments of DKM BVBA concerning the operation and content of the Website are merely best efforts obligations.
3.2. Your obligations
3.2.1. You need to have a good and stable internet connection and efficient hardware and software suitable for (the services of) the Website. You must also have adequate and recent antivirus, anti-spyware and firewall protection on your systems.
3.2.2. In case the systems of DKM BVBA, its employees, subcontractors, external suppliers or service providers and/or its other users should suffer damage as a result of the exchange of computer viruses or other harmful files, you alone have full and unlimited liability towards DKM BVBA and you will indemnify DKM BVBA in full, unlimited, in principal sum, interests and (lawyers’) costs against any claim by third parties (including employees, subcontractors, external suppliers or service providers and users of DKM BVBA) who may suffer damage as a result.
4. Processing of personal data
DKM BVBA cares about your privacy and always acts in accordance with the provisions of the applicable privacy regulations. For more information about the protection and processing of your personal data on or via the Website, please consult the privacy policy at: www.dkm-customs.com/nl/privacypolicy.
5. Liability
5.1. DKM BVBA is in no way liable for:
– The quality, completeness, accuracy, suitability, availability or form of the information on or generated by the Website or by other (external) websites or applications referred to through (even permissible) hyperlinks on the Website;
– any decision made or action taken by you based on the content or information on the Website;
– any malfunctions, interruptions, technical errors, improper technical maneuvers, unauthorized interventions (including hackers), viruses, etc. on the Website;
– (the functioning and/or availability of) software and/or applications of third parties or the consequences thereof for the downloading from and/or the use of the Website;
– indirect damage, indirect damage or consequential damage (including but not limited to loss of time, loss of an opportunity, loss of profit, loss of revenue, emotional damage etc.);
– cases of force majeure;
– a minor fault other than willful misconduct or a major fault equivalent to willful misconduct.
5.2. DKM BVBA cannot under any circumstances be obliged to compensate any damage, either severally or in solidum with third parties.
5.3. However, nothing excludes the liability of DKM BVBA for intentional or equivalent gross negligence. The liability of DKM BVBA, both for direct and indirect damage, is in any case limited to the lowest of the following amounts: (i) the amount for which it is insured with its third-party liability insurer with a maximum of EUR per claim or (ii) the amount corresponding to the value of the services on which the complaint is based with a maximum of EUR. This same limitation applies if the exclusion(s) of liability contained in the present article 5 should ever be considered as invalid or unenforceable by a court of law or an arbitrator.
6. Intellectual property
6.1. The Website, its parts and all information and/or content on, connected to and/or generated by the Website, including but not limited to all texts, images, logos, charts, formulas, video files, sound files, HTML codes, software, databases, the design or any other creation, content or information on or related to the Website, are the exclusive intellectual property of DKM BVBA or its licensors and can only be reproduced or communicated to the public with the express, written and prior permission of DKM BVBA or its licensors.
In other words, you are prohibited at any time (even after the termination of the agreement with DKM BVBA) from reproducing or communicating to the public the Website (or parts thereof), including all information connected with or generated by the Website and/or the content of the Website, in any way whatsoever without the express prior written consent of DKM BVBA or its licensors.
6.2. Nothing in these terms of use can be interpreted as constituting a transfer or license of or regarding the intellectual property rights of DKM BVBA to you.
6.3. You acknowledge and accept that the services on the Website may make use of certain open source software or freeware under licences that may contain provisions that take precedence over these terms of use.
6.4. You acknowledge and accept that information or content on the Website may be the subject of protection by intellectual property rights of third parties. You declare that you will honour these rights and indemnify DKM BVBA in full, in principal, interests and (court and lawyer) costs for any infringement by you of the intellectual property rights of third parties in this respect.
7. Complaints
Complaints arising from any use of the Website or application of the present terms and conditions of use can be reported to DKM BVBA by e-mail: info@dkm-customs.com.
8. Applicable law – competent courts
Any dispute regarding the interpretation or application of these terms of use or arising from any use of the Website is exclusively governed by Belgian law and falls under the exclusive jurisdiction of the courts of [●], unless the law imperatively stipulates the jurisdiction of another court.