General Terms & Conditions
The Website makes it possible to put Visitors and Sellers in contact, in particular through the requests formulated by Visitors and transmitted to Sellers.
The present Terms and Conditions of Use (hereinafter “TOU”) govern the use of the Website according to the conditions outlined below.
YOU ACKNOWLEDGE THAT THE PRESENT GENERAL CONDITIONS ARE LEGALLY BINDING AND THAT YOU ACCEPT THEM. FAILING THIS, YOU ARE NOT AUTHORIZED TO USE Global Flow Control SERVICES.
“Visitor”: refers to any person, professional or consumer, who accesses and browses the Website. The Visitor must have the capacity to contract or, failing this, to enter into an agreement with the authorization of his or her legal representative.
“Seller”: refers to any manufacturer or more generally any professional listed on the Website.
“Visitor Member”: refers to any Visitor who has created an account on the Website.
“Identified Visitor”: refers to any Visitor who has made a request on the Website and or communicated his or her personal information.
“Product”: refers to any product (and where applicable, any service) offered by the Seller and listed on the Website.
“Services”: refers to all of the services offered to Visitors by Global Flow Control on the Website.
“Website”: refers to any website published and run by Global Flow Control, namely the Websites accessible at the URL addresses with the names Global Flow Control, ending in .com, and on which Global Flow Control offers the Services.
“Global Flow Control”: refers to the company Global Flow Control a General Partnership (vof) company registered under number KvK 86875817 with Chamber of Commerce in Enschede (KvK), with headquarters at Hengelosestraat 585, 7521 AG Enschede and whose legal representative is the Global Flow Control.
PURPOSE OF THE TOU
The purpose of the present General Conditions of Use is to establish the contractual provisions relating to the respective rights and obligations of Global Flow Control and the Visitors concerning the use of the Website and the Services offered on it.
The relationship between Global Flow Control and the Seller is governed by the General Sales Conditions applicable to Sellers. Any professional who wants to become a Seller on the Website must contact Global Flow Control by filling in the form available on the Website.
ACCEPTANCE OF THE TOU
The use of the functionalities of the Website and of the Services implies the acceptance of the TOU.
The acceptance of the General Conditions by one of the Visitor’s employees or associates is deemed to be made in the name and on behalf of said Visitor by a duly authorized person.
WEBSITE AND SERVICES
The Services are provided by Global Flow Control to Visitors free of charge on the Website. Some Services require the Visitor to create an account or communicate certain personal data in order to be identified.
PURPOSE OF THE WEBSITE
The purpose of the Website is to present the Seller’s Products and Articles to Visitors, to provide Visitors with information and allow them to create an account and benefit from the associated functionalities, or to be put in contact with one or more Sellers.
The Visitor shall be responsible for the equipment necessary for access to and use of the Website, as well as the telecommunications costs incurred by their use.
It should be noted that Global Flow Control is not the owner or seller of the Products and has no control over the Articles listed on the Website (its sole role may, if necessary, be limited to the formatting or translation of content provided by the Seller).
Similarly, Global Flow Control does not participate in the relationship or possible contract between the Seller and the Visitor, who perform their respective obligations under their own responsibility.
By listing Sellers’ Products and Articles in order to put them in contact with a Visitor, Global Flow Control intervenes only in the following qualities:
Hosting in the sense of the Dutch law number 2004-575 of June 21, 2004 for trust in the digital economy;
Online platform operator according to Dutch law number 2016-1321 of October 7, 2016 for a Digital Republic.
All of the Articles, indications relating to the Products or to the Seller’s points of sale (information sheets, characteristics, possible prices, etc.) are established by the Sellers (and/or are publicly available on the Internet) without the intervention of Global Flow Control on the content (except, where applicable, formatting and the translation of the content, it being specified that the translation of the Product descriptions is done via automated software).
Global Flow Control cannot therefore be held responsible for information provided by Sellers or information publicly available about their Products, for which Global Flow Control does not have the status of publisher. Global Flow Control also publishes content on the Website, including thematic newsletters, accessible online on the Website. The Visitor can subscribe to the newsletter by filling in the form provided for this purpose on the Website.
PRODUCT SEARCH AND CREATION OF AN ACCOUNT OR REQUEST
The Website allows Visitors to search for Products, consult information related to these Products or to the Sellers and/or be referred to their website, depending on the functionalities offered on the Website.
If this functionality is available to the Seller concerned, the Website allows Visitors to make additional requests directly to the Seller concerning the Products likely to interest them.
To make a request, the Visitor must create an account or provide the identifying information required, according to the process featured on the Website.
The Visitor Member or Identified Visitor agrees to provide Global Flow Control with accurate, faithful and up-to-date data, which does not infringe, in any way whatsoever, the rights of third parties, and to communicate to Global Flow Control any necessary updating of the data communicated when signing up.
Once the Visitor Member has signed up, they will receive an account creation confirmation email from Global Flow Control .
When creating an account, the Visitor Member must use an email address and password that are personal and confidential. The Visitor Member undertakes to ensure the confidentiality of his or her email address and password and will be liable for fraudulent use of this information due to a fault or negligence on their part. Any Visitor Member who has knowledge of a fraudulent use of their account details must inform Global Flow Control as soon as possible.
The account allows the Visitor Member to benefit from additional functionalities accessible with the said account, for example to place Products among his or her “favorites” saved in his or her account, access requests made to Sellers, manage his or her subscriptions newsletters, etc.
When using the Website, each Visitor undertakes not to undermine public order and to comply with the laws and regulations in force and to respect the rights of third parties and the provisions of the TOU.
Notably, each Visitor must:
- Behave in a fair and reasonable way with regard to Global Flow Control, the Sellers and third parties;
- Be honest and sincere in the information provided to Global Flow Control and, where applicable, to Sellers and third parties;
- Use the Website in full compliance with its purpose as outlined in the TOU;
- Not divert the purpose of the Website in particular in order to commit crimes, misdemeanors or minor offenses punishable by the penal code or any other law;
- Respect the privacy of third parties and the confidentiality of exchanges;
- Respect the intellectual property rights of Global Flow Control concerning the elements of the Website;
- Not seek to undermine the meaning of Articles 323-1 and following of the Dutch Penal Code on the systems of automated data processing implemented on the Website;
- Not modify the information put online by Global Flow Control or a Seller;
- Not use the Website to send unsolicited messages on a massive scale (advertising or other);
- Not release data that would diminish, disorganized, slow down or interrupt the normal operation of the Website.
The brands, logos, slogans, graphics, photographs, animations, videos, software solutions and text and any other content on the Website are the exclusive intellectual property of Global Flow Control or the Sellers and may not be reproduced, used or represented without express authorization, subject to legal proceedings.
Any partial or total reproduction of the Website or its content by whatever means without the express prior authorization of the owner of the rights to said content is prohibited and shall constitute an infringement punishable by articles L.335-2 and following and articles L.713-1 and following of the Dutch Intellectual Property Code.
In particular, Global Flow Control expressly prohibits:
- The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content from its database to another medium, by any means and in any form whatsoever;
- Reuse, by making all or a qualitatively or quantitatively substantial part of the database content available to the public, whatever the form;
- The reproduction, extraction or reuse, by any means, of the Articles and more generally of the content listed on the Website.
The acceptance of the present TOU constitutes recognition by the Visitors of Global Flow Control intellectual property rights and commitment to respecting them.
Global Flow Control undertakes to do everything in its power to ensure continuity of service and access to the Website 7 days a week, 24 hours a day. However, Global Flow Control draws the attention of Visitors to the fact that current communication protocols via the Internet do not ensure the transmission of electronic exchanges (messages, documents, identity of the sender or recipient) in a certain and continuous manner.
Global Flow Control declines all responsibility, in particular: in the event that it is temporarily impossible to access the Website for technical maintenance operations or to update published information. Visitors acknowledge that Global Flow Control cannot be held liable in the event of malfunctions or interruptions of said transmission networks: in the event of virus attacks, illegal intrusion into an automated data processing system or incidents not due to a fault of Global Flow Control or abnormal use or illegal exploitation of the Website by a Visitor or a third party;with regard to the content of third-party websites hypertext links on the Website lead to;
- In the event of non-compliance with the present TOU attributable to the Visitors;
- In the event of a delay or non-performance of its obligations, where the cause of the delay or non-performance is related to force majeure as defined in these TOU;
- In the event of an extraneous cause not attributable to Global Flow Control;
- In the event of any breach by the Visitor or the Seller in the direct relationship between the Visitor and the Seller, in which Global Flow Control does not participate.
- In any event, Global Flow Control may only be held liable in the event of a proven fault.
- In the event of abnormal use or illegal exploitation of the Website, the Visitor is then solely responsible for damages caused to third parties and the consequences of claims or actions that could result from this.
With regard to Visitors who are professionals, Global Flow Control liability is excluded for immaterial damages such as loss of opportunity, loss of profit, loss of contract or damage to image and will, in any event, be strictly limited to the amount of €1,000.
Visitors acknowledge that Global Flow Control has the status of host according to the meaning of Article 6 I 2 of Dutch Law No. 2004-575 of 21 June 2004 on confidence in the digital economy known as LCEN.
As such, Global Flow Control reserves the right to remove any content it has been informed of and that it considers manifestly illegal within the meaning of this text
The notification of manifestly illegal content by a Visitor or any other third party must be made by email or by registered mail with acknowledgment of receipt and comply with Article 6 I 5 of the same law.
ONLINE PLATFORM OPERATOR
The listing of Products on our search engine is linked solely to the relevance of the product. The evaluation of this relevance is based on the level of similarity between the semantics of the search performed and the semantics of the definition/model/brand chain. A maximum of 3 products per brand will be listed for each search. If there is equal relevance, the Products of Sellers who have signed up for an annual subscription with Global Flow Control will be highlighted. Sellers are subject to Global Flow Control general sales conditions and may be unlisted if they fail to comply with them.
FEES AND PRICING
Global Flow Control is at all times entitled to change the agreed fees and/or prices.
The fee and/or price valid at the time of the performance of the agreement by Global Flow Control shall be decisive. If Global Flow Control increases the fee and/or price within three months of concluding the agreement, the other party shall be entitled to terminate the agreement by means of an extrajudicial declaration, within three working days of the notification date, by the date on which the change would have come into effect, unless the price increase is too small to justify termination of the agreement. In the event of termination of the agreement, the other party shall be obliged to pay the full fee for the services provided.
All fees and/or prices are expressed in Euros, excluding VAT and/or other government levies, and also excluding transport, freight and delivery charges or travel and accommodation costs, unless explicitly agreed otherwise in writing. If one or more factors determining costs, such as currency exchange rates, import duties, insurance and freight rates, margin schemes or purchase prices, should change, Global Flow Control shall be entitled to amend its fee and/or price accordingly.
Payment. Invoices issued by Global Flow Control must be paid prior to publishing clients’ products on the website unless agreed otherwise in writing. Any right to set-off, suspension or deduction of a payment is excluded. The other party may only object to an invoice in writing, under penalty of inadmissibility, within the payment term concerned. If payment is not made in time, the other party shall be in default by operation of law and the total amount due to Global Flow Control shall be immediately payable without summons or notice of default, and regardless of any other payment agreements.
If payment in installments has been agreed upon in writing, this may be revoked at any time by Global Flow Control only. Without prejudice to its other obligations, the other party is obliged to pay interest of 1% per month over the outstanding amounts from the due date of the invoice until the date on which payment is made in full, unless the statutory commercial interest rate is higher, in which case the statutory commercial interest rate shall apply.
In the event of non-payment or overdue payment, the other party shall be obliged to pay all judicial process and execution costs as well as administrative costs and extrajudicial collection costs. The extrajudicial collection costs shall amount to 15% of the invoiced amount with a minimum of one hundred Euros (€100). Payments made by or on behalf of the other party shall consecutively serve to pay the extrajudicial collection costs owed.
Subscription and Renewals Definition
An agreement in which Global Flow Control undertakes to periodically provide, at least once a year, to the other party, hereinafter to be referred to as ‘the partner’, information or commercial space in databases on an information in digital format, hereinafter referred to as in digital form, hereinafter referred to as ‘online’, whereby the partner pays for this information and/or space in advance, until notice of termination is given by the partner.
All agreements, offers and/or quotations of Global Flow Control with respect to Subscriptions shall be governed by the present Subscription conditions in addition to the general provisions. Unless explicitly specified otherwise, Subscriptions shall continue for a term of 12, 24 or 36 months.
Subscriptions shall at all times automatically be renewed for at least one year at the then-current subscription price set by Global Flow Control, unless the partner has given written notice of termination of the Subscription with due observance of the notice period that applies to the relevant Subscription; however, with at least a notice period of three months.
Notice of termination may only be given as per the end of a current subscription period, with due observance of the agreed notice period. Notice of termination may only be given in writing. Prices and fees Unless explicitly specified or agreed otherwise, all prices and fees stated by Global Flow Control shall only apply to the partners in the specified regions.
Payment Subscriptions must always be paid in advance.
Change in details In the event of changes to details, including name and/or address, the partner shall notify Global Flow Control in writing of both the former and new details at least one month prior to the effective date via the website www.Global Flow Control world.com/contact.
Global Flow Control may terminate the Visitor Member’s account in the event of the Visitor Member’s breach of any of their obligations after prior notification has been unsuccessful.
Termination shall be without prejudice to any damages that may be claimed by Global Flow Control from the Visitor Member for damages suffered as a result of such breaches.
Global Flow Control may refuse the creation of an account or the sending of a request to any Visitor who has committed a breach of the TOU.
VALIDITY OF THE TOU
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of the TOU (non-essential) will not affect the validity of the TOU. Any such modification or decision shall in no case entitle the Visitors to disregard the TOU and/or their legal obligations.
MODIFICATION OF THE TOU
The TOU may be modified and updated by Global Flow Control at any time, in particular, to adapt to legislative or regulatory changes. In the event of a refusal of the new TOU, the Visitor Member may terminate their account.
The failure of either party at any time to require strict execution by the other party of any provision or condition of the TOU shall not be deemed a definitive waiver of this provision or condition.
LANGUAGE, APPLICABLE LAW, AND DISPUTE RESOLUTION
Any translation of the TOU into a language other than English is given as an indication, only the English version shall prevail. The English version of the TOU is available on the Website or upon request to Global Flow Control.
The present TOU and, in general, the relations between the Visitor and Global Flow Control are governed by Dutch law.
When the Visitor is a consumer and resides in a Member State of the European Union other than the Netherlands, the latter is informed that they also benefit, according to Article 6 paragraph 2 of the Rome I Regulation, from the protection afforded to them by the mandatory provisions of the law applicable to them.
DISPUTE RESOLUTION AND JURISDICTION
Prior to any legal recourse, negotiation in a spirit of good faith shall be privileged with the aim of reaching an amicable agreement in the event of any dispute relating to the Contract, including its validity.
If no amicable agreement is reached within one (1) month of one of the parties receiving written referral of the matter, each party shall regain its full freedom of action and right to appeal to a judge.
It is expressly recalled that requests for amicable settlement do not suspend the time limits for instituting legal proceedings.
Only the Dutch courts within the jurisdiction of Global Flow Control headquarters will be competent (this provision being applicable only to Visitors having the capacity of merchant in accordance with Article 48 of the Dutch Code of Civil Procedure).
*Prices are in Euro and are pre-tax. They exclude delivery charges and customs duties and do not include additional charges for installation or activation options. Prices are indicative only and may vary by country, with changes to the cost of raw materials and exchange