Legal & disclaimer.

Privacy - GDPR - disclaimer - general terms of use - conditions of sale

Personal data protection.

Bopro cares about your data and uses a SSL certificate on the website. SSL stands for Secure Sockets Layer, this technology uses the encrypted connection between the server and web browser.
Any visit to, and/or use of, this website involves the collection and processing of personal data. In compliance with The General Data Protection Regulation, in effect on May 25 2018. Bopro has established a clear and precise policy for the protection of personal data.
Bopro has also implemented safety measures to avoid any loss, abuse or destruction of personal data that belongs to users of the website which has been disclosed to Bopro. The processing of personal data collected by Bopro through the use of this website falls under the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. The regulation came into force on 24 May 2016 and will apply from 25 May 2018. Any collection of personal data, especially as a result of any registration is done with your explicit consent to such collection and processing by Bopro of the disclosed data.

Personal data.

Bopro will store and access the following data you provided to Bopro by filling in the contact form:
– First name and Family name
– Your emailadress
– Your phone number (if you gave it to us)
– Your IP address.

Cookies.

Please note that this website uses cookies. Cookies are small files sent by our server that are installed on your computer system’s hard drive. Cookies track a particular user’s access to a site and store information related to the pages visited by the user.
Our cookies contribute to the proper functioning of this website (technical session cookies). Their aim is to simplify your visits and improve the dialogue between our computer and yours. You can refuse the installation of cookies by configuring your navigator accordingly. However, refusing installation can prevent you from having access to certain services on the website.

Purposes.

Bopro needs your contact information because you asked a question through our contact form. In order to contact you by phone or by mail we will access these data.
Bopro can also use your personal data to send you newsletters if you signed up explicitly for them.

Data retention.

Your personal data shall be kept for no longer than is necessary for the purposes for which it is being processed.
1. You posted a question in the contact form, or you wrote an email to info@bopro.be: Your data will be deleted after 1 year if there’s no agreement/contract between Bopro and you.
2. You subscribed to the newsletter: Your data will be kept for 5 years. At any time you can unsubscribe to the newsletter or modify your data. After 5 years, we send you an email to ask whether you would like to keep being informed or not.
3. You use this website to gather information: With cookies we collect details about your visiting behaviour. These cookies are anonymous and have an expiry date (going from 1 session to 1 year)

Transfer of personal data.

Bopro does not transfer your personal data, nor the information contained in the cookies to third parties.

If you asked a question in our contact form, Bopro may communicate your personal data to its officers or subsidiaries for the purpose of offering you help or products in which you might be interested. If you expressed your interest in a specific project, you agree that Bopro is entitled to transfer your data to the private companies in direct relation to Bopro to offer you the best service possible.

Data subjects rights.

If you submitted your personal data to Bopro, you have the right to access, to rectify, to erase, to restrict and to transfer your data. Please contact gdpr@bopro.be if you would like to make use of these rights. Bopro will respond as soon as possible, within at least 4 weeks.
You also have the right to lodge a complaint with a supervisory authority if you consider that the processing of your personal data infringes the regulation. Any dispute arising from, or related to, the use of this website and/or these general terms and conditions of use will be subject to conciliation between the parties. If the mediation between the parties is unable to reach a result, then the dispute will be submitted to the court of Ghent (Belgium), or to any other competent court, at Bopro discretion.
In the event of any judicial or administrative proceedings, the printed version of these general terms and conditions of use and of any other notice provided by Bopro on this website or in electronic format, shall enjoy the same standing as commercial documents or registers created and stored in hard copy.

Protection of privacy.

Bopro is GDPR compliant. More information on GDPR, is to be found on https://www.eugdpr.org/ ;.


We also handle your data carefully when you’ve submitted an online quest. The treatment of your data is in line with the current GDPR regulation.

Personal data.

Anonymous surveys do not collect personal data: we don’t process your first name, last name, mail address or phone number. This primarily concerns surveys that we keep in the context of stakeholder or market consultation.
By answering the questions, you share information which allows Bopro to adjust its services to economic, societal and social changes. If you happen to give your mail address (for example to participate in a contest), this mail address will only be retained and processed for this purpose.

Purposes.

Your data will be processed completely anonymously and converted into percentages. The results of the quest will be available online and offline (for example in a publication).
In case you have submitted your mail address in the framework of the contest, it’ll only be used to announce that you have won.

Retention period.

Your data will not be retained longer than needed. Although the tracking of the information over the years is very valuable and enables us to detect an evolution in our stakeholder and market consultations. Your data will be anonymously processed in the statistics.
Your mail address on the other hand will not be retained after we have or have not contacted you concerning the contest. It is however possible that your mail address is already part of our marketing mailing list. This is a mailing list used for marketing purposes from which you can unsubscribe at any time.

Transfer of personal data.

Your personal data will not be transferred to third parties. The results of the survey will be available online and offline (for example through a publication).

Data subjects rights.

See chapter 1.7.


We also handle your data carefully when you’ve submitted an online customer satisfaction survey. The treatment of your data is in line with the current GDPR regulation.

Personal data.

Given the nature of the survey, we will track your personal information in this context. The data includes first name, last name, e-mail address, and phone number.

Purposes.

Your data will only be processed within the customer satisfaction framework regarding the project or projects you’ve completed with Bopro.
The responsible of the project, employee of Bopro will be able to extract the necessary information from your feedback in order to improve the services of Bopro, the further cooperation…

Retention period.

Your data will be saved together with your answers for a period of 10 years. Thanks to your input we can identify trends in our customer satisfaction.

Transfer of personal data.

Your personal data will not be transferred to third parties. The results of the survey are for internal use only.

Data subjects rights.

See chapter 1.7.


You are liable for your use of this website. Any use of this website, or any data or information downloaded or obtained by any means whilst using this website, is at your own risk. We hereby exclude any and all liability for any loss, claims, injury, demand, expenses or damage to you and/or your computer, or for any loss of data, arising out of your use of this website, or from your downloading or viewing of any material posted on it, or on any third party website linked to it.

Bopro does not guarantee that this website, or the services available through it, will be provided on an uninterruptible basis, nor that they are appropriate for any particular purpose.

Bopro seeks to publish information on this website that is, to its best knowledge, up to date. However, Bopro does not guarantee that the information published on this website is adequate, accurate or complete, or that it will be updated on a regular basis. The information on this website (including the knowledge center and the links) is provided without any guarantees, conditions or warranties whatsoever, including as to the accuracy of its content or technical details. All information published on this website is provided for illustrative purposes only and is subject to periodic modifications. Bopro and/or its third party suppliers reserve the right to change or modify this website at any time and without prior notice. The disclaimer set out herein also applies to those third party websites that are available by hyperlinks from this website.

Acceptance of general terms of use.

We strongly recommend that you read these general terms and conditions of use of this website carefully. By using www.bopro.be, you indicate your acceptance of these general terms and conditions of use and your agreement to abide by them. Bopro has updated his privacy statement to be compliant with the new Privacy Regulation, GDPR: General Data Protection Regulation which will be applied in May 2018.

Use of this website.

The content of this website is provided for general information about Bopro and its activities. The content of this website is not provided to serve as a basis for evaluating Bopro, and is not binding or enforceable against it. Nothing in this website may be considered as being an offer for the sale or supply of services, or the conclusion of a contract.

Illegal use.

When using this website, you agree to observe all relevant legal, regulatory and contractual provisions. You are prohibited from using this website in any way which could harm the interests of Bopro, its suppliers and/or its customers.

Intellectual property rights notice.

All materials available on this website (including, but not limited to, texts, pictures, images, icons and data) are protected by Bopro’s intellectual property rights. In addition to the materials referred to above, the names and logos of Bopro appearing on this website are protected throughout the world by trade mark and copyright laws and treaties. You may not use the Bopro brand, trade marks or logos in relation to any products or services offered by Bopro or in any manner whatsoever that is likely to create confusion amongst consumers or to damage or discredit Bopro. Except as expressly provided herein, you must obtain the prior written permission of Bopro to copy, reproduce, represent, modify, transmit, publish, adapt, distribute, broadcast, grant a sublicense or sell by any means, any material published on this website, or use in any manner, all or any part of this website.

Safety and confidentiality.

We have used our reasonable endeavours to implement appropriate safety measures to prevent the loss, misuse, unauthorized access, disclosure and alteration and/or destruction of personal data on our website.

These general terms and conditions of use shall be governed and construed in accordance with Belgian and European Law.
If you have the impression that your personal data are not secure or if there are signs of misuse, or if you would like to access more information about the protection of your data, please contact Bopro nv

Oude Houtlei 140
9000 Gent
T : +32 (0)9 261 54 00
F : +32 (0)9 261 54 10
gdpr@bopro.be

General

1.1 An Offer on behalf of Bopro shall only be considered a proposal to contract on behalf of Bopro within the meaning of Article 5.19 of the Belgian Civil Code to the extent that the Offer was duly signed by a person acting in the capacity of Managing Director of Bopro. Other Offers are purely indicative in nature.

1.2 Bopro is not obliged to perform the Agreement at a price indicated in the Offer or Agreement if that price is based on an obvious misprint, typographical error or miscalculation.

1.3 Offers are valid for 30 days.

1.4 The Agreement (consisting of the Offer thus accepted by the Customer, the order form and these General Terms and Conditions) shall enter into force and the parties shall be bound by the Agreement as from the expiry of a period of 5 working days counting from the date on which the Customer returns the relevant non-indicative Offer, including the General Terms and Conditions and a completed order form in accordance with the template sent to Bopro at the address sales@bopro.be. The General Terms and Conditions shall be deemed accepted by the Customer as soon as the Offer, the completed order form and these General Terms and Conditions as indicated above are returned to Bopro by email.

1.5 Agreements shall be established either as indicated in Article 1.4 above or, in the absence of any non-indicative Offer, by the conclusion of a written agreement between the parties.

1.6 Once these General Terms and Conditions apply, they shall also apply without further clarification to any additional or follow-up assignments between the parties. In such a scenario, the Agreement in respect of the additional or follow-up assignments shall come into existence as soon as there is a written agreement between the parties on the relevant additional or follow-up assignments.

1.7 The Customer’s General Terms and Conditions shall not apply to the Agreement, irrespective of whether the Customer refers to them in a request and/or order confirmation addressed to Bopro.

1.8 In the event of the full or partial termination, dissolution or cancellation of the Agreement by the Customer (unless the relevant termination, dissolution or cancellation takes place on the basis of agreed grounds and in accordance with the agreed modalities), the Customer shall owe Bopro flat-rate compensation equal to 30% of the contract value, with a minimum of EUR 500.

1.9 If, in the context of the performance of the Agreement, Bopro carries out services or arranges for them to be carried out at the Customer’s premises, the Customer is obliged to ensure that the premises made available by the Customer meet the requirements laid down in the Code for Health and Safety in the Workplace.

Deadlines

2.1 The Customer shall at all times grant Bopro timely access to its buildings and premises as required for the performance of the Agreement.

2.2 The Customer shall grant Bopro timely access to all documents requested by Bopro that it requires to carry out its activities properly.

2.3 Bopro’s (project) administration shall constitute conclusive evidence between the parties, subject to any evidence to the contrary to be provided by the Customer.

2.4 Delivery or completion deadlines are given by way of information only. Any exceeding of those deadlines cannot give rise to compensation for damages nor to the cancellation of the Agreement by the Customer.

2.5 If, in Bopro’s reasonable opinion, the information necessary for the performance of the agreement has not been obtained or has not been obtained in time, Bopro shall be entitled, after consultation with the Customer, either to set a new delivery date or completion deadline, or to revise the price, or to dissolve or terminate the Agreement.

2.6 Bopro shall start performance of the Agreement as soon as possible after its commencement, subject to observance of the delivery deadline as stated in the Offer.

Prices and payment

3.1 All prices are exclusive of VAT. Payment shall be made in EUR (€). If no price was explicitly agreed upon at the conclusion of the Agreement, the price as stated on Bopro’s price lists at that time, and in the absence thereof a reasonable and market-based price, shall apply.

3.2 Domestic travel and accommodation expenses shall not be charged.

3.3 Foreign travel and accommodation expenses shall be charged at cost plus 15%.

3.4 In the event that, after the Agreement has been concluded, there is a change in the prices of raw materials, taxes, wages, levies or premiums of any kind imposed by the government, Bopro shall be entitled to adjust the agreed price proportionally. This shall include, but not exclusively, indexation, sectoral wage agreements and the like.

3.5 Unless stated otherwise, invoices must be paid within 30 calendar days of the invoice date. The Customer is never entitled to suspend or set off payment.

3.6 If the Customer defaults on its obligation to pay, it shall immediately be in default and all Bopro’s claims shall become due and payable in full straight away. Moreover, in the event that one or more advance invoices are not paid or not paid on time, Bopro reserves the right to suspend its study work until payment in full and the provision by the Customer of a guarantee for payment of the work still to be carried out, without this giving rise to any right to compensation.

3.7 If Bopro suspends performance of the Agreement due to non-payment or late payment of a sum owed by the Customer or due to any other circumstance attributable to the Customer, the entire schedule for performance of that Agreement shall be postponed for the duration of that suspension, without causing Bopro to incur any penalties or liability. If Bopro believed it was entitled to suspend on reasonable grounds, no liability shall arise if it later appears that such grounds did not exist or were insufficient.

3.8 Unless the Customer objects to an invoice within a period of 5 working days, that invoice shall be deemed to have been accepted.

Provision of services

4.1 Bopro shall endeavour to provide the Services in accordance with the state of the art and in a fitting and proper manner. With respect to the Services, Bopro is under no obligation of result.

4.2 The Customer shall only be entitled to use (the results of) Services provided by Bopro for the purpose for which they were provided to the Customer, and shall never be entitled to commercialise them or make them available to third parties in any other way, whether or not under its own brand or trade name.

Force majeure

5.1 If and insofar as Bopro fails to fulfil its obligations under the Agreement for reasons beyond its control (force majeure), Bopro shall not be liable for (the consequences of) such failure(s). To the extent that performance has not become permanently impossible, those obligations shall be suspended for the duration of the force majeure. If the period in which fulfilment is not possible due to force majeure lasts or is expected to last longer than 2 (two) months, Bopro shall be entitled to terminate the Agreement with immediate effect without the Customer being entitled to any compensation on that account.

5.2 For the purposes of this article, force majeure on the side of Bopro shall be deemed to exist, inter alia, in case of restrictive government measures, (work) strikes, lack of raw materials, illness, delays, transport problems, (threat of) war, (full or partial) mobilisation, riots, sabotage, floods, fire or other forms of destruction within Bopro’s organisation, (employee) lock-outs and failure of machinery or tools or other malfunctions within Bopro’s organisation. Force majeure shall also be deemed to exist if one or more of the aforementioned circumstances occur within the organisations of Bopro’s suppliers and subcontractors and as a result Bopro is unable to fulfil its obligations to the Customer (or is unable to do so on time).

Intellectual property rights

6.1 All intellectual property rights to the deliverable supplied by Bopro to the Customer, as well as any results deriving therefrom (hereinafter ‘IP rights’) are vested in Bopro, and the Customer does not acquire any rights relating to the IP rights of Bopro. Bopro’s IP rights include all trademarks, trade names, logos, designs, slogans, copyrights, patents, designs, drawings, know-how and any other distinctive material, whether or not subject to registration or filing, belonging to Bopro and/or its licensors. They may not be used, imitated, made available or shown to third parties by the Customer without Bopro’s express prior written consent, whether or not with a view to obtaining any advantage for itself and/or third parties.

6.2 The Customer shall indemnify Bopro against all claims by third parties due to any (alleged) infringement of an industrial property right related to the manufacture, delivery or use of a deliverable manufactured or performed according to the Customer’s specifications.

6.3 To the best of Bopro’s knowledge, Bopro’s Products and Services do not infringe any third-party intellectual property rights. However, Bopro shall not be liable to the Customer if the deliverables infringe any third-party intellectual property rights. Bopro has no obligation to indemnify the Customer in this respect.

Complaints and inspection

7.1 Any complaints about deliverables must be notified to Bopro by registered letter immediately, but in all cases no later than 5 working days after delivery. The complaint should accurately describe the nature of and grounds for the complaint and the defect.

7.2 In the event of a valid and timely complaint regarding a defect in a deliverable, Bopro shall, at its discretion, be obliged to (i) repair the defect, (ii) replace the deliverable, or (iii) refund all or part of the (sale) price charged in connection with the defective deliverable, that obligation being limited in all cases to a maximum of 25% of the sale price. Otherwise, any liability in respect of a defective deliverable shall be excluded.

7.3 All rights and claims of the Customer in respect of payment of a sum of money, and/or repair or replacement of the relevant deliverable, on whatever grounds, as well as any right of the Customer to rescind the Agreement, shall lapse (a) in the event of late notification under this Article 8 or under the law, (b) if Bopro has not been given the opportunity to investigate the complaint on the merits immediately on site (or have it investigated), or (c) 6 (six) months have elapsed since the delivery date.

Confidentiality and advertising

8.1 The Customer shall observe strict confidentiality in respect of any information known or that becomes known to the Customer from and about Bopro and/or about relations of Bopro. The Customer shall refrain from communicating in any way, whether for advertising purposes or not, to third parties concerning the Agreement or the performance thereof by either party, except with the prior written consent of Bopro, which shall not be withheld without good reason.

Data protection

9.1 The provisions relating to data protection apply from the start of the Agreement until, for archival reasons, 10 years after the end of the assignment. Until then, these provisions shall continue to apply, without the possibility of interim termination.

9.2 We do not process personal data (name, email address, telephone number, employer) for longer or more extensively than necessary for the performance of our agreement. We pass on this information to the parties involved at project level in order to ensure effective cooperation. Bopro employees who have access to these data have received correct and complete instructions on how to handle personal data and are familiar with the responsibilities and legal obligations under the GDPR.

9.3 If Bopro receives a request to make personal data available, we shall only do so if a competent public authority has made the request. Moreover, Bopro first assesses whether the request is binding, or whether Bopro must comply with the request on the basis of rules of conduct and professional practice.

9.4 Building-related data, such as meter readings, EPC value, BREEAM score and the like are not kept for longer or more extensively than necessary for the performance of the Agreement. We ensure that only Bopro has access to these data. They are only communicated to third parties if you give your written consent.

9.5 Bopro has the right to collect and publish visual material. By visual material we mean photos, taken personally by a Bopro employee, of the site, the building, the project or the environment. These photos may not depict people, unless they are unrecognisable and to illustrate the proportions (ceiling height, for example) of the room. The Customer gives Bopro permission to take photos and process these data. These can be published on websites, social media channels, and used in presentations, on our reference sheets and in brochures. If the photos are included in a brochure, Bopro shall mentions the client preceded by the copyright sign. Bopro can also mention the name of the building, the name of the client, the size and the location on these channels.

9.6 The Customer is also obliged to comply with current laws and regulations on data use and protection. Data that the Customer receives from Bopro on parties involved in this project must be processed and managed by the Customer with due care. This includes the Customer not being permitted to pass them on to third parties without prior consent.

9.7 If there is a Data Breach, Bopro shall notify the Customer. Bopro shall strive to do this within 24 hours after it has discovered the Data Breach, or as soon as possible after it has been informed about it by a third party. Bopro shall also report it to the Dutch Data Protection Authority and keep a register of Data Breaches.

Liability

10.1 Bopro is liable to the Customer only insofar as it has been guilty of professional misconduct in carrying out its assignment.

10.2 The Customer is liable for the accuracy of the plans and/or data it makes available to Bopro directly or through third parties.

10.3 Bopro’s calculations are only advisory and indicative, based on which the Customer must make its own decisions autonomously. Bopro cannot be held responsible for any discrepancies in the calculations and is not liable for the final results.

10.4 Bopro shall only be liable for direct damage and, regardless of the basis of the claim, never for indirect damage such as, for example, production stoppages, lost profits, lost savings, lost opportunities, loss of goodwill, or forfeited penalties or fines. Bopro cannot be held liable for any power cuts or production stoppages at the Customer’s premises as a result of the work and measurements to be carried out by Bopro.

10.5 In all cases, even if Bopro is liable to the Customer on several legal grounds or facts, Bopro’s total liability, regardless of the basis thereof, shall be limited to the amount paid by the Customer to Bopro in respect of the deliverable for which Bopro is liable.

10.6 Any limitation of liability mentioned in the Agreement and/or these Terms and Conditions does not apply to damage resulting from intent or gross negligence on the part of Bopro’s management.

Law & competent court

11.1 The Agreement is governed exclusively by Belgian law.

11.2 Disputes shall be submitted exclusively to the competent court in the District of Ghent.

11.3 In case any provision of these Terms and Conditions is found to be void, voidable or otherwise unenforceable, the other provisions shall remain in force.


You can address your comments or suggestions: by email to gdpr@bopro.be or by post to Bopro, Communication, Oude Houtlei 140, 9000 Gent.

Latest update: 01/02/2024

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