Legal notice - Terms Of Use

Welcome to the website operated by Benelux Nutrition B.V., a company incorporated under the laws of the Netherlands, with its registered office at Weena 690, 3012 CN Rotterdam, The Netherlands ("Company", "we", "us", or "our"). These Terms of Use ("Terms") govern your access to and use of the Company's website, including its content, features, and related services (collectively, the "Website"). Benelux Nutrition B.V. operates a portfolio of direct-to-consumer ("DTC") brands and businesses serving customers and markets across the European Union, the United States, the United Kingdom, Australia, and other markets. By accessing or using the Website, you acknowledge that you have read and understood these Terms. If you do not agree with these Terms, please discontinue your use of the Website.

These Terms apply to visitors and users of our corporate Website. The Website may provide information about Benelux Nutrition B.V., our brands, products, business activities, career opportunities, partnerships, and other related matters. These Terms do not govern purchases made through individual brand websites or online stores. Purchases, subscriptions, returns, refunds, warranties, and other transactions may be subject to separate terms and conditions provided by the relevant brand or selling entity. If you access an individual brand website or online store, please review the terms and conditions applicable to that website before using its services or making a purchase.

You may use the Website only in compliance with these Terms and all applicable laws and regulations. You agree not to:

• Use the Website for any unlawful, fraudulent, or unauthorized purpose.

• Attempt to gain unauthorized access to the Website, its servers, systems, or related infrastructure.

• Interfere with the operation, security, or functionality of the Website.

• Introduce viruses, malicious code, or other harmful technological material.

• Scrape, harvest, or collect information from the Website through automated means without our prior written permission, except where such restriction is prohibited by applicable law.

• Use the Website to transmit unsolicited commercial communications or spam.

• Impersonate another person or misrepresent your affiliation with any individual, company, or organization.

• Use the Website in a manner that infringes our rights or the rights of any third party.

We reserve the right to take reasonable measures to protect the Website, our business, our users, and our legitimate interests against misuse.

Unless otherwise indicated, the Website and its contents, including text, graphics, photographs, designs, logos, trademarks, videos, software, layouts, and other materials, are owned by or licensed to Benelux Nutrition B.V. or members of our brand portfolio. These materials are protected by applicable intellectual property laws. You may access and view the Website for personal, informational, and lawful purposes. Except as expressly permitted by applicable law or with our prior written permission, you may not:

• Reproduce, distribute, modify, or commercially exploit Website content.

• Copy or reproduce our trademarks, logos, or brand identities.

• Create derivative works based on Website materials.

• Use our intellectual property in a way that suggests an affiliation, endorsement, or partnership that does not exist.

Nothing in these Terms transfers ownership of any intellectual property to you. All rights not expressly granted are reserved by the relevant rights holder.

The Website may refer to brands, subsidiaries, affiliates, business partners, and other entities associated with Benelux Nutrition B.V. Each brand may operate independently and may have its own website, products, services, policies, and terms. Unless expressly stated otherwise:

• A reference to a brand does not necessarily mean that the brand is a separate legal entity.

• Benelux Nutrition B.V. does not necessarily manufacture, distribute, or directly sell every product associated with its brand portfolio.

• The relevant selling entity is responsible for transactions conducted through its online store, subject to applicable law and any arrangements disclosed to customers.

• References to our brands do not create an agency, partnership, joint venture, or employment relationship between you and Benelux Nutrition B.V.

• The identity of the legal entity responsible for a particular product or service should be confirmed through the relevant brand's website or applicable transaction documentation.

We make reasonable efforts to ensure that the information presented on the Website is accurate and up to date. However, information may occasionally contain errors, omissions, outdated materials, or inaccuracies. Website content is provided for general informational purposes and may be updated, modified, or removed without prior notice. We do not guarantee that:

• All information will always be complete, accurate, or current.

• The Website will be continuously available or uninterrupted.

• The Website will be free from errors, defects, or technical issues.

Nothing in this section excludes or limits any obligation or liability that cannot lawfully be excluded or limited under applicable law.

The Website may contain links to third-party websites, platforms, or services. These links are provided for convenience and informational purposes. We do not control third-party websites and are not responsible for their content, availability, security, privacy practices, or terms of use. Accessing third-party websites is at your own discretion. Your use of third-party websites and services is governed by their respective terms and policies. The inclusion of a link does not necessarily constitute an endorsement, recommendation, or approval by Benelux Nutrition B.V.

Your use of the Website may involve the collection and processing of personal information. Our processing of personal information is described in our Privacy Policy: Privacy Policy Where applicable, we process personal information in accordance with relevant data protection and privacy laws, including the General Data Protection Regulation (EU) 2016/679 ("GDPR"), applicable Dutch data protection laws, and other applicable privacy legislation in the jurisdictions in which we operate. Depending on your location and the nature of our activities, you may have rights concerning your personal information. Please refer to our Privacy Policy for further information about the information we collect, how we use it, how long we retain it, and how you may exercise applicable rights.

We reserve the right, subject to applicable law, to modify, suspend, restrict, or discontinue any part of the Website. We may also update Website content, features, and functionality from time to time. We will take reasonable steps where required by applicable law to provide notice of material changes or interruptions. We are not responsible for temporary unavailability resulting from maintenance, technical problems, security measures, or circumstances beyond our reasonable control, except where liability cannot lawfully be excluded.

To the maximum extent permitted by applicable law, the Website is provided on an "as is" and "as available" basis. We make no representations or warranties, express or implied, concerning the Website's availability, reliability, suitability, or freedom from errors. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, statutory warranty, or other right that cannot lawfully be excluded, restricted, or modified. In particular, where mandatory consumer protection laws apply, those laws prevail over any inconsistent disclaimer in these Terms.

To the maximum extent permitted by applicable law, Benelux Nutrition B.V. shall not be liable for indirect, incidental, special, consequential, or punitive losses arising from or in connection with your use of the Website. This may include loss of profits, revenue, business opportunities, goodwill, or data, where such exclusions are permitted by law. Nothing in these Terms excludes or limits liability for:

• Death or personal injury caused by negligence, where such liability cannot lawfully be excluded.

• Fraud or fraudulent misrepresentation.

• Intentional misconduct where liability cannot lawfully be excluded.

• Any statutory liability that cannot lawfully be excluded or limited.

• Any consumer rights or remedies that cannot lawfully be waived.

Where applicable law permits the limitation of liability, our liability shall be limited to the extent permitted by that law.

To the extent permitted by applicable law, you agree to be responsible for losses, damages, liabilities, and reasonable expenses directly resulting from your unlawful use of the Website or your material violation of these Terms. Nothing in this section requires you to indemnify Benelux Nutrition B.V. for losses arising from our own unlawful conduct or for liabilities that cannot lawfully be transferred to you.

These Terms shall be governed by the laws of the Netherlands, without regard to its conflict-of-law principles, except where mandatory laws provide otherwise. Subject to applicable law, disputes arising out of or relating to these Terms shall be submitted to the competent courts of the Netherlands, with the competent court in Rotterdam having jurisdiction to the extent permitted by applicable law. If you are a consumer residing in a jurisdiction that grants you mandatory rights concerning applicable law or the courts in which proceedings may be brought, nothing in these Terms is intended to deprive you of those rights. In particular, mandatory consumer protection rules applicable in the European Union, United Kingdom, United States, Australia, or another relevant jurisdiction shall remain unaffected.

We may revise these Terms from time to time to reflect changes in our business, Website functionality, legal requirements, or operational practices. The updated version will be published on this page with a revised "Last updated" date. Changes will take effect upon publication unless a different effective date is specified or applicable law requires otherwise. Your continued use of the Website after the effective date of revised Terms constitutes acceptance of the updated Terms to the extent permitted by applicable law. If you do not agree with the revised Terms, you should discontinue using the Website.

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, where legally permitted. If modification is not possible, the relevant provision shall be severed. The remaining provisions shall continue in full force and effect to the extent permitted by applicable law.

Our failure or delay in exercising any right or remedy under these Terms shall not constitute a waiver of that right or remedy. Any waiver shall be effective only to the extent expressly provided and permitted by applicable law.

These Terms constitute the agreement between you and Benelux Nutrition B.V. concerning your use of this Website, except where separate terms or policies apply. They do not replace any separate agreement, purchase contract, brand-specific terms, privacy policy, or mandatory statutory rights that may apply to other products or services.

If you have any questions concerning these Terms or the Website, you may contact us using the details below. Company Legal Name: Benelux Nutrition B.V. Registered Address: Weena 690, 3012 CN Rotterdam, The Netherlands Country of Incorporation: The Netherlands Company Registration Number: 89838696 Email: info@dusseldorf.group Website: dusseldorf.group