Onder wij/ons wordt verstaan:
Allen gevestigd en kantoorhoudende te 9320 Erembodegem aan Korte Keppestraat 23 – 1
EN alle daaraan gelieerde ondernemingen, voor zover zij deze voorwaarden op transacties van toepassing hebben verklaard.
De wederpartij zal, indien bij het afsluiten van een transactie geen termijn is overeengekomen binnen welke door hem dient te worden afgenomen, binnen een week, nadat de goederen voor afname gereed staan, moeten afnemen. Bij niet-afname binnen de overeengekomen termijn, zowel in het ene als in het andere geval, zal de wederpartij van rechtswege, derhalve zonder sommatie of ingebrekestelling, in gebreke en verzuim zijn. De wederpartij is verplicht alle onkosten of verliezen, inclusief opslagkosten, te vergoeden welke voortvloeien uit zijn weigering om de goederen af te nemen. Wij hebben verder het recht te onzer keuze hetzij nakoming te vorderen hetzij de transactie zonder tussenkomst van enige rechter als ontbonden te beschouwen, onverminderd ons recht op (aanvullende) schadevergoeding jegens de wederpartij.
Dit recht hebben wij door enkel het plaatsvinden van één der bovengenoemde omstandigheden, zonder dat enige waarschuwing of ingebrekestelling of rechterlijke tussenkomst vereist zal zijn. De opdrachtgever is echter niet gerechtigd tot korting of verrekening, tenzij zulks uitdrukkelijk en schriftelijk door ons is toegestaan.
Tenzij uitdrukkelijk anders overeengekomen, geldt een transactie, die tussen partijen voortdurende verbintenissen in het leven roept, voor onbepaalde tijd, behoudens opzegging. Opzegging door de wederpartij kan alleen schriftelijk geschieden doormiddel van een aangetekende brief aan ons en met inachtneming van een opzegtermijn van twee maanden, niet eerder ingaand dan op de dag na datum van ontvangst van die mededeling.
Alle geschillen tussen partijen, ook die welke slechts door één der partijen als zodanig worden beschouwd, zullen worden beslecht door de bevoegde rechter van de plaats onzer vestiging, thans zijnde Erembodegem, onverminderd ons recht om de wettelijk of bij verdrag bevoegde rechter te kiezen.
1.1 Copaco grants the Reseller or a third party to be appointed by the Reseller access to its “Closed System”, namely the closed part of its Internet site and/or part of its ERP system, by providing unique identification codes including organisation identification codes and/or login names and passwords.
1.2 Agreements may be made between the parties on the Closed System, including agreements under which products, services and licences are sold to the Reseller and wherein information is provided concerning these products, services and licences.
1.3 The Reseller will appoint one person as Manager* to manage access rights to the Closed System. Copaco grants the Manager the right to admit users and to grant or withdraw user rights to or from such users, such as inter alia access to information or the conclusion of agreements, including drop shipment rights.
1.4 The cost of implementing and maintaining access to the Closed System and telecommunication charges will be borne by the Reseller.
2.1 An agreement on the Closed System is created following written confirmation of the order on the Copaco Closed System to the Reseller.
2.2 Written confirmation may also comprise an electronic report, in which case evidence of despatch of this report to the Reseller will also be regarded as evidence of a declaration received by the Reseller. In that case, possible failure of such confirmation to arrive or do so in time will be regarded as the consequence of the Reseller’s own actions, of actions by persons for whom the Reseller is responsible or of other circumstances affecting the Reseller and justifying the Reseller’s bearing the consequences.
2.3 Insofar as applicable national law so permits, the parties hereby agree that in the event of a dispute, the electronic recording of a report despatched or received or the reproduction of such a recording will form legal proof of the facts contained therein unless proved to the contrary.
2.4 The Reseller recognises that each purchase order placed on the Closed System for which an Identification Code provided by Copaco is used or mentioned is a valid, binding purchase order and is the equivalent of a signed purchaser order, excluding any doubt.
2.5 The parties expressly waive any right to challenge the validity of an order created by electronic means purely by virtue of the fact that the agreement was made electronically.
2.6 The Reseller is responsible at all times for the proper use of the identification codes provided by Copaco and the user rights assigned to or withdrawn from the users. The Reseller undertakes to discharge all agreements made in the way described in paragraph 1. The Reseller may ask Copaco in writing – by means of a letter sent to Copaco signed by a person entitled to represent the Reseller – to remove the management of access rights from the Manager and Copaco will then make every effort to meet this request as rapidly as possible, but this will not change the Reseller’s responsibilities as described above or its liability to comply with agreements.
2.7 The Reseller undertakes to ensure correct supply of data submitted to it, including address and e-mail data, and to keep Copaco advised of changes at all times.
2.8 Copaco is entitled not to execute an order at any time should compelling reasons [so prevent], including inter alia insufficient credit limit, incorrect or incomplete information, garbling, delay, misrouting, and unauthorised examination, alteration and/or despatch of an order.
3.1 The agreement is made for an indeterminate period but either party may cancel it at any time. It can be cancelled in writing by the Reseller by means of a letter sent to Copaco signed by a person entitled to represent the Reseller. Copaco is entitled to terminate the agreement and to refuse access to the Closed System with immediate effect, without stating its reasons in advance. Copaco is not required to repay and/or credit sums already paid or due at the time cancellation is received. Cancellation of this agreement will not affect any further agreements already concluded between the parties on the basis of this agreement up to cancellation date.
4.1 The trademarks and data (e.g. of content providers) used and/or displayed on the Copaco Closed System may in no way whatever be used by the Reseller without the prior consent in writing of the intellectual or other owner or keeper of the trademarks and/or data.
4.2 Any data provided to the Reseller is intended exclusively for own use by the Reseller and may therefore be divulged to third parties or publicised in any form whatever only with Copaco’s prior consent in writing.
5.1 The Reseller undertakes both during the currency of this agreement and following its expiry, avoidance or dissolution to make any communication directly or indirectly to third parties in any form and to any extent whatever of or concerning any features, Copaco company/companies or the cooperative arrangements between the parties or connected therewith only with Copaco’s prior consent in writing. The parties declare that they will be bound by the contents of this provision at all times, even if and insofar as this agreement is wholly or partly dissolved or avoided.
6.1 The Reseller agrees to Copaco collecting data that may identify users of the Closed System. Copaco declares these data will be used exclusively for the correct execution of agreements created through the Closed System, to improve services, and to understand and process personal requirements and requests.
6.2 Copaco declares that it recognises and will respect responsibility for the use of personal data and will not share them with other firms without the Reseller’s consent.
7.1 The information on the Closed System is reserved at all times. The Reseller may derive no rights from this. The Reseller is fully responsible for all transactions and other action undertaken on the basis of this information.
7.2 Copaco is not liable for the direct and/or indirect consequences or damage resulting from inability by the Reseller to consult information or to use opportunities to place orders on the Closed System.
7.3 Certain links on the Closed System lead to sources of information kept by third parties and over which Copaco has no control. Copaco therefore accepts no liability for accuracy, for the collection of personal data or for any other aspect of the information on such websites.
8.1 Copaco’s general conditions apply to this agreement and to the agreements concluded in the way governed by this agreement, as deposited with the Chamber of Commerce at Eindhoven as number 17048595, unless indicated otherwise in writing. The Reseller declares it is familiar with and has received a copy of these general conditions and agrees to their contents.
9.1 All disputes arising from or connected with this agreement, including those regarded as such by one of the parties only, will be settled by the competent court at Copaco’s place of establishment, namely Eindhoven at present, irrespective of Copaco’s rights to opt for the court with statutory or contractual jurisdiction.
9.2 All legal relations between the parties resulting from this agreement will be exclusively governed by Dutch law, as applicable to the Kingdom in Europe.
Copaco Nederland B.V. endeavours to protect the privacy of users of its websites. Please read this privacy statement carefully and in full before using the websites.
Applicable Privacy Legislation:
Applicable privacy legislation, including the General Data Protection Regulation (hereinafter: GDPR), the GDPR implementation Act [Uitvoeringswet AVG] and any other applicable act or regulation relating to the processing of personal data.
The Contract between a customer and Copaco or a third party for the purchase and delivery of products.
The natural or legal person, public authority, agency or other body who or which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
Copaco Nederland B.V.
5652 AW Eindhoven
This privacy statement also applies to processing of personal data by Copaco N.V. and to such processing by subsidiaries in the Netherlands, Belgium and France.
Personal Data is any information relating to an identified or identifiable natural person that is processed by Copaco.
The present Privacy Statement.
An operation or set of operations that is performed on personal data or on sets of personal data whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
The person who processes Personal Data on behalf of the Controller, without being subject to his direct authority.
The person who uses the Websites of Copaco.
All the websites of Copaco.
2.1. This Privacy Statement applies to every use of the Website and governs the processing of Personal Data via the Website.
2.2. The Website may include references to third-party websites (hyperlinks, banners or buttons, for example). Copaco is not responsible for the compliance by these third parties with the Applicable Privacy Legislation.
3.1. Copaco may collect your Personal Data from various sources, such as:
directly from you, from other users, from resellers and distributors, from our suppliers, from our service providers, from third-party information providers, from our subsidiaries and through the operation of the Website.
3.2. Copaco may collect the following Personal Data:
· Name and address details
· Information about the order (purchase information and history)
· Email address
· Username and password
· IP address
· Payment details
· Phone number
· Location details
· MAC address
· Curriculum Vitae (in case of job applications)
· A combination of your username and password, used to access our Website
· Other information provided by you via our contact form.
3.3. Copaco will process the Personal Data only in accordance with the Applicable Privacy Legislation.
3.4. Copaco will only use your Personal Data as described in this Privacy Statement.
4.1. Copaco collects and processes your Personal Data solely for the purposes specified below:
a. Performance of a Contract: The processing is necessary for the performance of the Contract with you. When you place an order, your Personal Data will be processed by Copaco for the purpose of performing the Contract. This includes processing orders and the handling of payments, delivering products and collecting outstanding receivables. No Personal Data will be processed other than strictly necessary for the performance of the Contract (Article 6(1)(b)GDPR).
b. Communication: Your Personal Data will be used to communicate with you about your order and to inform you of matters that are important for your account and/or use of the Website and the handling of any complaints. If you create an account on the Website, we will keep the Personal Data so that you do not have to enter it every time. This Processing of Personal Data is necessary for the performance of a Contract (Article 6(1)(b) GDPR) and/or for purposes of a legitimate interest of Copaco, which is to conduct its regular business (Article 6(1)(f) GDPR).
c. Marketing Purposes: Your Personal Data may be used for the purpose of sending out Copaco’s newsletter, if you have registered for it. To approach you via email for marketing purposes of Copaco, Copaco always requests your prior consent, unless it concerns offers about products similar to those that you have ordered. You always have the option to unsubscribe from mailings. This Processing of Personal Data is based on consent (Article 6(1)(a) GDPR) or is necessary for Copaco to carry out marketing activities (Article 6(1)(f) GDPR).
d. Customer Service: If you use Copaco’s customer service, your Personal Data may be used to provide you with customer service. This Processing of your Personal Data is necessary for the purpose of the legitimate interest of Copaco (Article 6(1)(f) GDPR).
e. Training courses and events: Your Personal Data will be used if you have registered to participate in training courses or events organised by Copaco or third parties engaged by Copaco. This Processing of Personal Data is based on consent (Article 6(1)(a) GDPR) or is necessary for Copaco for the performance of the Contract you have with Copaco for following a training or participating in an event (Article 6(1)(a) GDPR).
f. HR activities: Your Personal Data may be processed if you respond to a vacancy. This data is also used for communication purposes about (current) applications. This Processing of your Personal Data is necessary for the purposes of the legitimate interest of Copaco (Article 6(1)(f) GDPR).
5.1. Copaco only discloses your Personal Data with third parties, after it has made agreements with these third parties about the processing of Personal Data. In this way, Copaco ensures that the Processors take appropriate technical measures, treat the Personal Data confidentially and guarantee the rights of Website users.
5.2. Copaco may share your Personal Data with its subsidiaries. Copaco may also share your Personal Data with other business units that also offer products or services under the Copaco brand or one of our other brands, as well as vendors and suppliers, resellers, credit insurers, banks / payment service providers and carriers. Our subsidiaries and business units will use your Personal Data in a manner consistent with this Privacy Statement.
5.3. Applying for vacancies via LinkedIn or Indeed:
5.3.1. Applying from your LinkedIn account:
If you are busy and want to apply at lightning speed, you can do so within 10 seconds. If you press the “apply via LinkedIn” button, you give LinkedIn permission to send your data to us. The entry fields will then be completed immediately with the exception of your telephone number. However, LinkedIn sends us more! And it is important that you know so. Your photo, your headline, your summary of your profile are shared. Rather than your CV, LinkedIn sends us a PDF of almost your full LinkedIn account (more precisely: location, skills, experience and training). LinkedIn also sends the URL of your LinkedIn account. Very handy and “with it”, but if you want more control over what you share with us, it is better to apply in the usual way. That will take you a maximum of 1 minute.
5.3.2. Applying from your Indeed account:
If you are busy and want to apply at lightning speed, you can do so within 10 seconds. If you press the “apply via Indeed” button, you give Indeed permission to send your data to us. The entry fields will then be completed immediately with the exception of your telephone number. However, Indeed sends us more! And it is important that you know so. Your photo, your current position and CV are shared. Handy, but if you want more control over what you share with us, it is better to apply in the usual way. That will take you a maximum of 1 minute.
6.2. Copaco stores your Personal Data on servers in the European Economic Area (EEA). If and insofar as Copaco stores Personal Data with parties in countries that do not have an adequate level of protection, it will agree with these parties standard data protection provisions as set by the European Commission. A copy of the agreed standard provisions is available on request from: firstname.lastname@example.org.
7.1. Copaco does not store your Personal Data any longer than strictly necessary for the purposes for which it collects the Personal Data or, if relevant, for the minimal fiscal retention period. If you have any questions about the retention periods, you can contact Copaco’s compliance officer by sending an email to the following address: email@example.com.
7.2. You may request Copaco to delete your Personal Data earlier. If the Personal Data is no longer required for the purposes for which Copaco collected it or otherwise processed the Personal Data, Copaco will remove the Personal Data.
8.2. Cookies are small pieces of information that are stored by the browser on the computer of the Website Visitor. Copaco uses different types of cookies for different purposes.
Ø Functional cookies: Cookies that are necessary for the Website to function properly, including cookies that are necessary to create an account.
Ø Analytical cookies: Cookies that ensure that insight can be gained into how Website Visitors use (parts of) the Website, so that Copaco can improve the Website and that it fits as well as possible with what Website Visitors find interesting and important. Copaco does not use the data obtained from these cookies to study the use of the Website at an individual level, but only at an aggregated level.
Ø Tracking cookies: These cookies allow us to recognise repeat visitors to our websites. By comparing an anonymous, randomly generated identification, a tracking cookie keeps track of where users of our websites come from, which search engine they use, which link they click on, which keywords they use and where they are located when opening the website. Tracking this information allows Copaco to improve the Website.
8.3. The list of all tracking and analytical cookies used is described in our Cookie Statement.
8.4. To the extent required by law, Copaco will request the unambiguous prior consent of the Website Visitor via the cookie pop-up. Functional cookies necessary for the proper operation of the Website do not require prior written consent from the Website Visitor.
8.5. A distinction can be made between cookies that are used per session (created each time you visit a website and expiring when you leave it) and cookies that are stored on your device for a certain period of time (ranging from a few hours to a year or more) and will not be removed when the browser is closed. Copaco's software is designed in such a way that these cookies cannot be used for other purposes. Cookies do not affect the Website Visitor's system or damage the files of the Website Visitor.
8.6. If you do not want cookies to be placed on your computer at all, you can adjust the browser settings so that you receive a warning before cookies are placed. You can also adjust the settings so that your browser refuses all cookies or only cookies from third parties. You can also remove the cookies that are already on your computer. Consult the manual of your browser to adjust the settings.
We would like to point out that you have the following rights:
a. If you wish to access, correct, update or delete your Personal Data, you can request this at any time by contacting us using the contact details provided at the bottom of this text;
b. In addition, you can object against the processing of your Personal Data, ask us to restrict the processing of your Personal Data or request the transfer of your Personal Data. You can exercise these rights by contacting us using the contact details provided at the bottom of this text;
c. You have the right to unsubscribe from marketing communications at any time. You can exercise this right by clicking on the unsubscribe or opt-out link in the marketing emails we send to you. If you wish to unsubscribe from other marketing forms (such as postal marketing or telemarketing) please contact us using the contact details provided at the bottom of this text;
d. If we have collected and processed your Personal Data with your consent, you can withdraw your consent at any time. Withdrawing your consent does not affect the lawfulness of any processing we performed prior to your withdrawal. Nor does it affect the processing of your Personal Data that is performed on legal grounds for processing other than consent;
e. You have the right to lodge a complaint with a data protection authority about our collection and use of your Personal Data. For more information, please contact the Belgian Data Protection Authority.
We respond to all requests we receive from individuals who wish to exercise their data protection rights under applicable data protection laws.
10.1. Copaco is entitled at all times to delete your account without notice. In such event, Copaco does not owe any compensation to you because of the termination of the account.
10.2. Copaco reserves the right to change this Privacy Statement on a regular basis. It is your responsibility to regularly review the applicable conditions. This Privacy Statement was last amended and revised on 16 July 2020.
10.3. If a provision from this Privacy Statement is in conflict with the law, it will be replaced by a provision of the same purport that reflects the original intention of the provision, all this to the extent legally permissible. In that event, the remaining provisions continue to apply unchanged.
If you have any questions about this Privacy Statement, Copaco's privacy procedures, the collection or use of your Personal Data, or if you wish to access your Personal Data, please contact us at:
Copaco Nederland B.V.
attn. de Compliance Officer
5652 AW Eindhoven
Or by email: firstname.lastname@example.org.