Terms of Use

1.
The following Terms of Use apply to the website and related internet pages of Sarco NV (hereafter referred to as "Sarco"), which can be consulted via www.sarco.be and www.sarco.nl (hereafter referred to as the "Website"). We ask internet users (hereafter referred to as the ´User´) to read these terms of use carefully before using our Website. The use of our Website constitutes an acceptance of the following Terms of Use.

2.
Along with these Terms of Use, Users are also obliged to comply with all additional general and specific conditions that apply to them and which can be consulted via our Website or which are specifically communicated to them in some other manner. The User acknowledges that electronic communications and back-ups can serve as proof.

3.
Sarco reserves the right to fully or partially amend these Terms of Use, at any time and at its own discretion. Any modifications to these Terms of Use shall be applicable immediately as of their publication on the Website. Any use of the Website following the publication of the amended Terms of Use constitutes an acceptance of these Terms of Use.

4.
Sarco is authorised to change, update and correct any page or any part of the Website, at any time and without prior announcement. It can also adapt or delete the content of the Website - such as the services, products, photos, programmes and prices - at any time.

5.
If one or more of the provisions or a part of a provision of these Terms of Use should be declared invalid, such invalidity shall not affect the validity of the other provisions in these Terms of Use, which shall continue to apply in full.

6.
All of the information on this Website is intended exclusively for informational purposes. The Website and its content are intended to give an overview of Sarco, such as its services, products and other activities. Although Sarco wishes to keep information on the Website up-to-date and accurate, certain information may be incomplete or inaccurate. Sarco cannot be held liable for harm that occurs or might occur as a result of incomplete or incorrect information on the Website or on websites that are referred to via hyperlinks. Sarco reserves the right to change, correct and wholly or partially remove information on the Website.

7.
Sarco uses hyperlinks in order to refer to websites and content of third parties that are neither managed nor controlled by Sarco. The use of hyperlinks on Sarco´s website does not entail any approval of or relationship with the website referred to or its content. Any websites or sources that are indicated by hyperlinks fall under the responsibility of their respective owners or publishers.

8.
Users may derive absolutely no rights to this website or its content. No information or content on this website may be used, copied or published for non-private or commercial purposes, unless with the express prior consent of Sarco or of the holders of the relevant intellectual property rights.

9.
If a User wishes to use certain content of the website for private non-commercial purposes, the User accepts these Terms of Use and this use is subject to the following specific conditions:

10.
In all copies or printouts of the Website´s content which is downloaded by the User, the User is obliged to retain all mentions of copyrights, trademarks or other rights that are mentioned on it. The User may in no way whatsoever adapt the content of the Website, communicate it to the public, publish, sell or edit it, or use it in some other manner for a commercial purpose.

11.
The User is obliged to create an individual user account and password so as to be able to make use of certain protected parts of the Website. In such a case, the user must correctly and honestly furnish all requested information that is necessary for creating this account. Sarco reserves the right to refuse any registration of a user account, without being obliged to give any reason for such refusal.

12.
If the User does not accept the Terms of Use and the above specific conditions, all use of the website and its content is prohibited.

13.
The Website and its content (including design, texts, images, logos, etc.) are protected by copyright. Sarco is the sole holder of the copyright on the logo and the texts and information provided on the website.

14.
The photos, clothing designs and product brochures used on the website are protected by copyright. Unless Belgian legal copyright exceptions apply, any reproduction, adaptation, distribution or communication for the public of this protected material requires explicit prior consent.

15.
All other intellectual property rights that apply to the Website and its content (including trademark rights, registered and unregistered drawing and model rights, patents, database rights, domain names and trade secrets) are the exclusive property of Sarco or its relevant partners. Sarco does not grant the User any direct or indirect right whatsoever to these intellectual property rights.

16.
In particular, Sarco refers to the intellectual property rights that apply to (the design of) its clothing. The (professional) clothing of Sarco is protected by copyrights and (un)registered drawing and model rights of which Sarco is the exclusive proprietor. Moreover, models that are not directly registered with a national or European registration office are protected as unregistered community designs in the European Union for a period of three years as of their being made available to the public within the EU (in accordance with Regulation EC/6/2002).

17.
The Sarco name, its logo and the name of its products and services are brands and/or trade names that belong to Sarco. Other names which are referred to on the Website can also constitute protected names or signs that are the property of their respective owners. All rights are reserved.

18.
The User is prohibited from using any machine or program or taking any action that could disrupt the operation and functionality of the Website. This includes, for example: sending mass mailings, spam, junk mail, denial-of-service attacks, etc.

19.
Prohibited actions also include the (attempted) installation or uploading of programs, documents or other material on the Website which contain viruses, malware, etc. that can affect the software or architecture of the Website.

20.
Outside of the circumstances where a particular court has exclusive competence, all disputes that relate in any way to these Terms of Use shall be brought before the courts of Dendermonde (business court or court of first instance).

21.
However, a User who acts in the capacity of consumer is obliged to bring the dispute before the court where the User has his domicile. Users are asked to first contact Sarco in order to resolve a possible dispute. The User, in his or her capacity as consumer, can also turn to the European online dispute resolution platform for consumers (http://ec.europa.eu/odr).

22.
Belgian law alone governs the legal relations between Sarco and the User in connection with these Terms of Use, regardless of whether they should be contractual or extra-contractual, with the exception of the mandatory provisions of private international law concerning applicable law.

23.
All questions, comments or complaints relating to these Terms of Use can be addressed by the User to Sarco via e-mail to info@sarco.be or by post to Orlaylaan 14-18, 9140 Temse, Belgium.

24.
Sarco undertakes to process all questions and complaints quickly and to respond to the User within the shortest possible period.