1. Understanding these Terms of Use
   1. These terms of use (these “Terms”) govern how you may access and use the Website as well as the contracting of products and/or services through the Website. Your use of the Website is acceptance of these Terms. In case you do not agree with these Terms, you must immediately leave the Website.
   2. When certain words and phrases are used in these Terms, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
   3. In these Terms, when we refer to “we”, “us” or “our”, we mean the Company; and when we refer to “you” or “your” we mean you, the person accessing or using the Website.
   4. Please note, however, that certain functions made available on the Website are governed by additional terms and conditions.
   5. In addition to clause 1.4 above, please note that the Website uses cookies, the use of which are governed by our Privacy Policy.
2. The Website
   1. The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.
   2. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.
   3. The Website and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely.
   4. By accepting these Terms, you acknowledge and agree that:
      1. you have read and understood what is stated here;
      2. you are of legal age in accordance with the regulations in force in your place of residence to access the Website;
      3. in the event that you are willing to contract a product and / or service, you have sufficient capacity to do so; and
      4. you assume all the obligations set forth herein.
   5. The Website may include technical link devices, directories and even search tools that allow you to access other internet pages and portals (hereinafter, “Linked Sites”). In these cases, we will not be responsible for the content and services provided on the Linked Sites. In no case, the existence of Linked Sites should presuppose the formalization of agreements with those responsible or owners thereof, nor the recommendation, promotion or identification of this Website or us with the statements, content or services provided.
3. Contract Conditions
   1. Your account and password
      1. You will need to register an account with us on the Website in order to access certain services available on the Website (“Account”). In order to register for an Account, you must be aged 21 or over or the minimum age for purchasing alcoholic beverages in your jurisdiction of residence or where you are present when accessing the Website. If you register an Account, you will be asked to provide certain information (such as your email address) and to create a password, as part of our security procedures. You must treat the password as confidential and you must not disclose it to any third party.
      2. We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
      3. If you know or suspect that anyone other than you knows your Account login details, you must immediately notify us at [email protected].
      4. You are responsible for any unauthorised use of your Account login details.
   2. Your selection of products
      1. Once a registered user, you may contract the purchase of products through the Website.
      2. The purchase process on the Website is based on a virtual basket, to which you can add the products you wish to purchase. Prior to payment, you can access and modify the content of the basket at any time.
   3. Order processing
      1. Upon your confirmation that you would like to proceed with the purchase of the products in the virtual basket, you will be able to view a summary of your order including product selected, number of units/unit price, unit total and price including a breakdown of applicable taxes, transportation/shipping fees and payment method chosen. For this purpose, you may be asked for data related to your billing or delivery address, payment method, credit card details and other information, such information subject to the privacy and cookies policy.
   4. Payment and Confirmation

      This Section is in development and will be updated once commerce functionality of the Website commences.

   5. Returns and Cancellations

      This Section is in development and will be updated once commerce functionality of the Website commences.

   6. Guarantee

      Without prejudice to any additional commercial guarantees that may be posted on the Website and on which third-party suppliers/manufacturers would be liable, in the event of a complaint by you due to non-conformity, we may suggest, among other measures, the repair of the product (accessories, other items), its replacement, a possible price reduction or the termination of the contract, in each case, subject to applicable law.

4. Acceptable use
   
   

   General

   1. You agree not to:
      1. use the Website in any way that breaches these Terms or any applicable local, national or international law or regulation;
      2. copy, or otherwise reproduce or re-sell any part of the Website unless expressly permitted to do so in these Terms; or
      3. do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Website
      
      User Generated Content
   2. If it is the case that you supply/upload any content to the Website – whether it be pictures, text, sound recordings or otherwise – the content you supply (“User Generated Content”) must comply with the following rules:
      1. it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
      2. it must not harass or bully another person;
      3. it must be true and honest so far as you know;
      4. it must not be defamatory of anyone;
      5. it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own);
      6. it must not contain someone else’s personal details or confidential information relating to other people; and
      7. it must not promote or condone terrorism, violence or illegal behaviour.
   3. We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these rules.
   4. In addition, we may from time to time provide interactive services on the Website that shall enable you to upload User Generated Content, including, without limitation:
      1. comment facilities;
      2. chat rooms; and/or
      3. bulletin boards,

         (together “Interactive Services”).

   5. Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.
   6. You grant us a non-exclusive, worldwide use license with respect to any User Generated Content free of charge and with the maximum duration permissible under applicable law. On the basis of said license, we may freely exploit the rights of reproduction, transformation, distribution and public communication of the User Generated Content solely for the purposes of being able to provide and advertise our services and products.

      
      Viruses

   7. We do not guarantee that the Website will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and we recommend that you use your own virus protection software.
   8. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
5. Intellectual property
   1. We are the owner or licensee of all intellectual property rights in the Website and its content, the SUADELA name and mark and Aminean product names, images and packaging. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
   2. The content of the Website is protected by copyright and other intellectual property rights. To the extent permitted under applicable law, we hereby grant you a nonexclusive, non-transferable and revocable license to use our Website for personal use only and subject to these Terms.
   3. You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms.
   4. No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
   5. Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Website to buy products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
   6. The content of the Website may be downloaded to your device, provided that it is done for private use and without any commercial purpose.
6. Our liability
   1. Nothing in these Terms excludes or limits our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation; and
      3. any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
   2. We assume no responsibility for the content of websites linked to from the Website (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

      
      If you are a business

   3. If you are acting for purposes relating to your trade, business, craft or profession, then subject to clause 6.1:
      1. in no event shall we be liable to you for any loss of profits, loss of revenue, loss of contracts, failure to realise anticipated savings or for any indirect or consequential loss, whether arising from negligence, breach of contract or otherwise; and
      2. our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to EUR 100.
   4. You shall indemnify and hold us harmless against any losses, costs, liabilities and expenses suffered or incurred by us and/or our affiliates as a result of any breach of these Terms or your use of the Website.
      
      If you are a consumer
   5. If you are acting for purposes that are wholly or mainly outside your trade, business, craft or profession then, save as set out in clause 6.1, the following sub-clauses apply.
      1. Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
      2. You agree not to use the Website, or any content on the Website, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
      3. Our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to EUR 100
7. Suspension and termination
   1. If you breach any of these Terms, we may immediately do any or all of the following (without limitation):
      1. issue a warning to you;
      2. temporarily or permanently remove any User Generated Content uploaded by you to the Website;
      3. temporarily or permanently withdraw your right to use the Website;
      4. suspend or terminate your Account;
      5. issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
      6. take further legal action against you; and/or
      7. disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
8. Changes to these Terms
   1. We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms). Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you access and use the Website. Any changes to these Terms shall be effective from the moment of their posting
9. Other important information
   1. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
   2. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
   3. If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution
10. Governing law and jurisdiction
    1. These Terms are governed by the laws of the Netherlands. This means that your access to and use of the Website, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by Dutch law.
    2. You can bring proceedings in respect of these Terms in the courts of the Netherlands. If you are a consumer, you may bring any dispute which may arise under these Terms to – at your discretion – either the competent court of the Netherlands, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court – competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is in an EU Member State, or otherwise the competent court of the Netherlands.
    3. As a consumer, if you are resident in the European Union and we direct this Website to (and/or pursue our commercial or professional activities in relation to the Website in) the EU Member State in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including clause 10.1, affects your rights as a consumer to rely on such mandatory provisions of local law
11. Contacting us
    
    

    Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by using the following details:

    Company Name:

    Aminean Holdings B.V.

    Official Seat:

    Utrecht, The Netherlands

    Chamber of Commerce:

    73061360

    Email address:

    [email protected]

Thank you