Terms and Conditions
WEBSITE TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING WEBSITE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY. BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS SET OUT HEREIN.
This website, www.bigen.eu, is owned by Hoyu Cosmetics (Nederland) B.V. (hereinafter “Hoyu NL”) having its principle place of business at Jachthavenweg 109-H, 1081 KM Amsterdam, the Netherlands, registered with Trade Register of the Dutch Chamber of Commerce under registration number 53713443.
These Terms constitute a legally binding agreement between you, whether personally or on behalf of a legal entity (hereinafter “you”) and Hoyu NL concerning your access to and use of this website. You agree that by accessing this website, you have read, understood, and agree to be bound by these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, THEN DO NOT USE THIS WEBSITE.
2. USE OF SITE
Subject to your compliance with these Terms, including the prohibited activities below, you may use this site to browse the content and make inquiries to Hoyu NL and not for any other purpose. This site and the content provided on this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, sold, transferred, modified, or used in connection with any commercial endeavors without the prior written approval of Hoyu NL, except that you may download, display, and/or print one copy of the materials presented on this site on a single computer for your personal, non-commercial use only. ‘Deep-linking’, ’embedding’, or using analogous technology is strictly prohibited unless specifically authorized in writing by Hoyu NL.
You are prohibited from posting to or transmitting from this site any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
We will take appropriate (legal) action against anyone who, in our sole discretion, violates these Terms and/or the law, including, without limitation, denying access to and use of this website (including blocking IP addresses), and/or reporting such violations to the proper law enforcement authorities.
Any failure on the part of Hoyu NL to exercise or enforce any right under or provision of these Terms at one time will not be construed as a waiver of such right or provision in the future.
3. INTELLECTUAL PROPERTY RIGHTS
This website and its content is the copyrighted property of Hoyu NL and/or its various third–party providers and distributors. Portions of the content found on this site may be owned by third-party providers or distributors and is the copyrighted work of the respective third-party provider(s) or distributor(s). None of the content or data found on this site may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, sold, transferred, or modified without the prior written approval of Hoyu NL and/or the relevant third-party provider(s) or distributor(s).
In addition, the trademarks, logos, and service marks displayed on this site (collectively, the “Trademarks”) are registered and common law trademarks of Hoyu NL, its affiliates, and various third-party providers and distributors. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the prior and explicit written approval of Hoyu NL or such other third-party provider or distributor that may own the Trademarks.
Unauthorized use of this site and/or the content and/or Trademarks found on this website, including but not limited to removing or otherwise changing the copyright or other proprietary rights notice from any content, may violate applicable copyright, trademark or other intellectual property laws or other laws and is strictly prohibited. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the content. The use of such content on any other website or in any environment of networked computers is prohibited.
4. LINKS TO THIRD PARTY WEBSITES
Any purchases you make via a third party website will be through that website and from another company and Hoyu NL is not responsible in any way with regard to such purchases. The agreement with regard to such purchases is exclusively between you and the relevant company.
6. LIABILITY DISCLAIMER
Hoyu NL does guarantee the accuracy, completeness, currency, and/or reliability of any of the content or data found on this website and expressly disclaims all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringementarising by statute or otherwise in law or from a course of dealing or usage of trade. Although we strive to provide the latest developments relating to our products and services, and other information about our company on this website, we do not warrant the accuracy, effectiveness, and/or suitability of any information contained in this website. All information provided on this website is presented “AS IS” and it may contain technical inaccuracies or typographical errors. You assume full responsibility and all risks arising from use of this website.
Hoyu NL reserves the right to make additions, deletions, and/or modifications to the information on this website at its sole discretion and without prior notification to its visitors. This right includes the right to introduce new versions of the products as well as to withdraw any products or any part thereof from the range of products as displayed on www.bigen.eu. Hoyu NL strives to accurately display the colors, features, specifications, and details of the products however we do not guarantee that the colors, features, specifications, and details of products will be accurate, complete, reliable, current, or fee of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. We also do not guarantee the availability of the products.
Hoyu NL and its various third-party providers and distributors assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on this site or your downloading of any materials, software, data, text, images, video, audio, or other content from the site. In no event shall Hoyu NL or any third-party providers or distributors be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental, or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or the content found herein or (ii) any interruptions, delays, errors, failure or unavailability of this site for any reason, including but not limited to hardware or software related issues or the need to perform maintenance to this site. Nothing in these Terms can and will be construed to obligate Hoyu NL or any third-party providers or distributors to maintain and support the website or provide any corrections or updates to it.
You agree to defend, indemnify, and hold harmless Hoyu NL, its third party providers and distributors, including our subsidiaries, affiliates, and all our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of your use of the website and/or violation of these Terms, including but not limited to the your violation of any intellectual property rights.
8. SURVIVAL OF TERMS
If any part of these Terms is determined to be invalid or non-binding according to applicable law, such determination shall not affect the validity and enforceability of any other remaining provisions so that remaining provisions shall continue to apply. Hoyu NL may replace the invalid or non-binding provision(s) by (a) provision(s) which are (is) valid and binding and most closely matches the intent of the original provision (s).
Hoyu NL reserves the right to amend these Terms from time to time and re-post them on this website, without having to inform you in advance or separately. The version of the Terms applicable will be those posted on www.bigen.eu at the time of your visit to the website. It is your responsibility to (periodically) review these Terms to stay informed of updates. You will be deemed to have been made aware of and to have accepted any amendments to these Terms by your (continued) use of this website on and/or after the day the amended Terms are posted.
10. GOVERNING LAW
This Agreement and its performance shall be governed by the laws of the Netherlands, without regard to its conflict of laws principles.
11. DISPUTE RESOLUTION
Any dispute arising out of or in connection with these Terms, will be brought before the court of Amsterdam, the Netherlands.
12. CONTACT INFORMATION
For questions, comments, or complaints about these Terms, please contact us via our contact form or by telephone.
Hoyu Cosmetics (Nederland) B.V.
1081 KM Amsterdam
You can find our contact form here.
T: +31 (0)20 2461297