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Terms & Conditions

CONDITIONS OF SALE - HEAT SUPPLY

  1. Definitions and scope of this agreement.

The Website www.heat.supply (hereinafter “the Website”) is provided by:

HEAT SUPPLY (one-man business)

Antwerpsesteenweg 170

2950 Kapellen

VAT number: BTW-BE 0673.884.239

If you have any questions or comments to make, you can contact us via

Email: info@heat.supply

 

The following definitions shall have the following meanings:

“Consumer” means any natural person who is acting for purposes which can be regarded as outside his trade or profession.

“Vendor” means any Consumer who sells his Products via the Website (C2C). Hereinafter also referred to as “You”.

“Purchaser” means any Consumer who enters into a contractual relationship of any kind with a Vendor via the Website (C2C).

“Products” means all goods that are the subject matter of one or more Sales Contracts.

“Sales Contract” means any contract under which the Vendor transfers or undertakes to transfer the ownership of goods to the Purchaser and the Purchaser pays or undertakes to pay the price thereof.

These General Conditions of Sale shall apply to all current and future sales of Products by a Vendor to a Purchaser via the Website. By using the Website, the Vendor accepts these Conditions of Sale as well as all other rights and obligations as stated in the Conditions of Use and on the Website.

These Conditions of Sale shall be always and exclusively applicable, except in the case of an explicit derogation.
An explicit derogation is only valid insofar as it is the result of a mutual agreement that is recorded in writing. Explicit derogations are only valid to replace or supplement the clauses to which they relate. This does not affect the applicability of the other provisions of these Conditions of Sale.

HEAT SUPPLY reserves the right to amend and/or supplement the General Conditions of Sale in the future. A future change will obviously have no effect on existing product orders and the resulting agreements.

 

  1. VENDOR OBLIGATIONS

2.1. Contractual obligation to sell

By listing Products for sale, a Vendor is making a binding offer to sell that specific item to a Purchaser who purchases the Products for the ask price the Vendor has specified. When a Purchaser accepts the offer of a Vendor by purchasing the Products through our Website, the Vendor is contractually and legally bound to deliver that exact item for the specified price.

In addition, a Purchaser can always make an offer to buy certain Products at a price which is lower than the price as specified by the Vendor. If a Vendor agrees to the lower price, the Purchaser is obligated to pay for the Products he bid on. A Purchaser who places a bid thus commits to purchase the Products as soon as his bid matches the Vendor’s price.

2.2. Exclusivity

Every Vendor who offers certain Products on the Website retains the right to withdraw his offer as long as no binding Sales Contract has been concluded. However, as soon as a Vendor is bound by a valid Sales Contract, under no circumstances may he cancel the listing or refuse to sell the Products. Consequently, every User agrees not to offer his Products for sale on any other platform or website for as long as the Product is listed on the Website.

Should a Vendor contravene the abovementioned exclusivity obligation, HEAT SUPPLY reserves the right to take, in its sole discretion, one or more appropriate measures in accordance with article 3 of these Conditions of Sale.

2.3. Correct Product information

HEAT SUPPLY commits to present the online offer of the Website with utmost care. However, to do so, HEAT SUPPLY relies on the information a Vendor provides about the Products he offers. Consequently, every Vendor undertakes to provide HEAT SUPPLY with accurate and truthful information about the Products. The Vendor has to mention all relevant Product details and accessories. In addition, every Vendor has to provide HEAT SUPPLY with high-quality photographs clearly illustrating the Products whenever the offered Products have not yet been included in our database. Every Vendor is obligated to monitor his inventory and to ensure all listings are accurate.

As a Vendor, you are required to ensure that the Products you are offering exactly match the corresponding images on the Website. If HEAT SUPPLY or a Purchaser reasonably determines that your Product does not conform to the description (including, but not limited to, meeting the applicable condition standard of article 2.4) or is not authentic, HEAT SUPPLY reserves the right to take, in its sole discretion, one or more appropriate measures in accordance with article 3 of these Conditions of Sale.

 

2.4. Good condition and authenticity

Seller must ship the Products double boxed. Products must come in the original box and with the original accessories (e.g. laces etc.).

After receiving the Product of the Vendor, HEAT SUPPLY will visually inspect the Products in order to check their condition and authenticity. HEAT SUPPLY will only ship the Products to the Purchaser if HEAT SUPPLY determines the Products are in good condition and authentic.

  1. Good condition:

Products are in good condition if they are free from any visual defects and suitable for their intended purpose. The Products cannot show any signs of damage, wear, corrosion or other irregularities.
In addition, Products have to correspond precisely to the description given by the Vendor; including but not limited to the relevant Product details and accessories as well as the photographs illustrating the Products.

  1. Authentic:

Products are authentic when their nature, origin and quality can easily be verified.   

If HEAT SUPPLY cannot reasonably confirm the authenticity of the Products or determines they are not authentic or not in good condition, we will notify both the Purchaser and the Vendor thereof and then issue a refund to the Purchaser.

HEAT SUPPLY has no obligation to return Products which are not in good condition, which are not authentic or which are counterfeit. In the latter case, HEAT SUPPLY may turn those Products over to the proper authorities at your cost.

Should a Vendor contravene the abovementioned obligation of good condition and/or authenticity, HEAT SUPPLY reserves the right to take, in its sole discretion, one or more appropriate measures in accordance with article 3 of these Conditions of Sale.

2.5. Immediate shipment

Vendors undertake to ship the ordered Products via the shipping carrier designated by HEAT SUPPLY within two (2) business days of the purchase. HEAT SUPPLY will provide you with a shipping label with such carrier after your offer is matched by a Purchaser. The shipping label will be sent to the Vendor through email once a Product has been sold. Vendor should tape the shipping label on the double boxed product and drop it off in one of DPD parcel shops or depots.

Should a Vendor contravene the abovementioned term, HEAT SUPPLY reserves the right to take, in its sole discretion, one or more appropriate measures in accordance with article 3 of these Conditions of Sale.

 

  1. MEASURES

 

HEAT SUPPLY reserves the right to act against any violations of these Conditions of Sale by taking any measures we deem appropriate, to the extent permitted by applicable law. Moreover, HEAT SUPPLY commits to investigating complaints of Purchasers with regard to possible violations of the obligations of the Vendor in accordance with the present Conditions of Sale.

In case a Vendor violates any of the obligations as set out in article 2 of the present Conditions of Sale, HEAT SUPPLY reserves the right to take, in its sole discretion and based on the basis of the concrete facts, one or more of the following measures:

  • Charge Vendor an additional amount of 10% to 15% of the transaction amount as a service fee;
  • Remove any or all of Vendor’s listings from the Website;
  • Cancel any or all of Vendor’s orders pending through the Website;
  • Withhold any payments due to the Vendor;
  • Place limits on Vendor’s buying and selling privileges;
  • Charge Vendor’s credit card for costs, expenses and fees incurred by HEAT SUPPLY as a result of Vendor’s action or inaction, including charging Vendor for rerouting charges imposed by carriers, and refunds to the Purchaser; and
  • Temporarily or permanently suspend Vendor’s account.

The list above is in no way exhaustive.

 

  1. PAYMENT

 

HEAT SUPPLY releases the funds to the Vendor immediately after the authentication process is completed, provided that the Products are considered to be authentic and in good condition. The payment is made on the bank account number as provided by the Vendor in his personal User Account. To get paid more quickly, we advise you to ship your items immediately after your offer is matched by a Purchaser.

The following fees are applicable to sales transactions: 3% of the transaction amount.

You will also receive information via email notification when an offer goes live, is updated, or a trade occurs.

 

 

  1. FORCE MAJEURE

 

Force majeure exists if HEAT SUPPLY is, wholly or partially, prevented to accomplish its obligations towards the other party by circumstances beyond its control. HEAT SUPPLY is in that case not obliged to fulfil its obligations. HEAT SUPPLY may suspend its obligations for the duration of the force majeure.

 

  1. APPLICABLE LAW AND COMPETENT COURT

The nullity or invalidity of (a part of) a provision of these Conditions of Sale does not affect the applicability of the remaining provisions. The disputed provision is considered to stand alone. HEAT SUPPLY has the right to replace the provision by a valid provision of similar purpose. The use of (sub-)titles in the Conditions of Sale has a purely illustrative value and bears no legal significance.

These Conditions of Use shall be exclusively governed and construed in accordance with Belgian law. In case of any dispute concerning the application of this agreement, the parties are expected to make every effort to find an amicable solution. In the absence of an amicable settlement, the dispute may be referred to a centre for arbitration and mediation (as CEPANI) or a competent court. Disputes fall under the jurisdiction of the courts where the headquarter of HEAT SUPPLY is situated. 

In the light of European legislation, HEAT SUPPLY provides Online Dispute Resolution (ODR).
For more information about ODR, you can go the website of the European Commision: http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/adr-odr/index_en.htm 

 

© 2017 deJuristen IT law and Intellectual Property (http://www.ictrecht.be). The offered information (Privacy Statement, Conditions of Sale and Conditions of Use) is protected under copyright legislation, which means that this information may not be reproduced or distributed without the previous and written permission of deJuristen (contact@dejuristen.be). deJuristen thus retains all relevant intellectual property rights.

 

CONDITIONS OF USE – HEAT SUPPLY

  1. About HEAT SUPPLY

The website www.heat.supply (hereinafter “the Website”) is an online consumer to consumer (C2C) platform which allows consumers to interact with each other by purchasing and/or selling certain products.

The Website is provided by:

HEAT SUPPLY (one-man business), hereinafter also “We

Antwerpsesteenweg 170

2950 Kapellen

VAT number: BTW-BE 0673.884.239

You can contact us via:

Email: info@heat.supply

We are open to tips, remarks and questions concerning our services and we promise to react swiftly to every message we receive. Please do not forget to always mention all useful contact information, so that we can provide you with to-the-point answers.

  1. Definitions

For the purposes of these Sales Conditions, the following definitions shall have the following meanings:

 

“Consumer” means any natural person who is acting for purposes which can be regarded as outside his trade or profession.

“Vendor” means any Consumer who sells his Products via the Website (C2C).

“Purchaser” means any Consumer who enters into a contractual relationship of any kind with a Vendor via the Website (C2C) and in accordance with the Sales Conditions of HEAT SUPPLY.

“User” Anyone who visits the Website, regardless of any registration, including, but not limited to Purchasers and Vendors.

“Products” means all goods that are the subject matter of one or more Sales Contracts.

“Sales Contract” means any contract under which the Vendor transfers or undertakes to transfer the ownership of goods to the Purchaser and the Purchaser pays or undertakes to pay the price thereof.

  1. General Provisions

The use of our Website presupposes some rights and obligations as stated in the present Conditions of Use.
When we refer to our Terms & Conditions, this implies a referral to the present Conditions of Use as well as our Privacy Statement, Sales Conditions and all other rights and obligations that are clearly indicated on the Website.

These User Conditions apply both to HEAT SUPPLY and to you as a User. You are a “User” (Hereinafter also “You”) as soon as you visit our Website, whether or not you are logged in with your User account. By using the Website, you explicitly accept that our User Conditions are always and exclusively applicable. HEAT SUPPLY urges every User to carefully study these Conditions of Use prior to the use of the Website as well as in the event of any notified adjustments.

All Users acknowledge that HEAT SUPPLY is a mere intermediary providing the structure of an online trading Website. Consequently, HEAT SUPPLY is in no way responsible to fulfil the obligations of any party made via our Website. Every agreement concluded by a Vendor with a Purchaser via our Website is a direct and personal agreement to which the Conditions of Sale apply. The Conditions of Sale determine the modalities of the Sales Contract, such as payment, shipment and specific performance.

Any User who wishes to be active as a Vendor on our Website is free to register and to create a User account.
All Vendors agree to comply with the obligations determined in the Sales Conditions in order to respect the rights of the Purchaser. Please contact us if a Vendor fails to meet these obligations or in any way acts contrary to the Sales Conditions.

HEAT SUPPLY preserves the right to unilaterally change these Conditions of Use at any time. Any substantial to the Conditions of Use will be notified to the User. These derogations apply only to replace or complement the clauses to which they relate. They are without prejudice to the application of the other provisions in these Conditions of Use.  

  1. Registration

As a User, you do not automatically have access to all functionalities of the Website. The User who wishes to gain access to certain functionalities and specific information on our Website has to register. In order to register, the User has to be at least 18 years old. Minors who wish to register on the Website must obtain the consent of their parents or tutor. It is fully at the discretion of HEAT SUPPLY to determine the registration conditions and to change these conditions at any time. 

When registering, the User has to create a personal profile (hereinafter “User Account”) on the basis of correct, truthful, up-to-date and complete information. Depending on the capacity of the User, it can be imperative to mention certain information. This obligation applies both at the time of the creation of the User Account as well as for the future. It is the sole responsibility of the User to correct or remove outdated information. 

Every User Account is strictly individual, personal and confidential. The User cannot transfer his User Account to third parties without the explicit consent of HEAT SUPPLY. The User is exclusively responsible for all actions performed by means of the User Account. The User must also guard the confidentiality of the User Account, including the login details.

All Users acknowledge that it is absolutely forbidden to breach the confidentiality of the User Account.
The usurpation of name (article 231 Penal Code), forgery (in IT) (article 210bis §1 Penal Code), violation of the honour and reputation (article 443 and 453bis Criminal Code) and other forms of identity fraud, are offences which can be criminally sanctioned.

HEAT SUPPLY does not perform an active and prior control of the created User Accounts. HEAT SUPPLY however reserves the right to undertake appropriate action in cases where this is required. See “article 5.4 End of right of use” for more information about the possible consequences.

HEAT SUPPLY collects and processes your personal information to offer you a safe, comfortable use of the Website. You can rest assured; confidentiality is very important for us. For more information, we refer to our Privacy Policy.

  1.  Right of use

5.1. General

Every User has a limited right to access, use and display of the Website and content (in short: Right of Use).
The scope of the Right of Use, such as the accessible features and functionalities, may vary depending on a possible registration. The Right of Use consists of a limited, revocable, non-exclusive and inalienable license. The license does not include the right to sell, re-publish, transfer or license the Website, the databank and the content.

The Right of Use includes the right to add content on the Website. By uploading content on our Website, you grant us a non-exclusive, transferable, royalty-free and worldwide license for its use. The license is applicable on all types of intellectual property right. You can find more details about intellectual property in article 11.

5.2. Restrictions to the Right of Use

The Right of Use is limited as this use may not be in violation of our Conditions, the applicable law, the rights of third parties and generally accepted principles on the Internet. The following actions/omissions are absolutely prohibited:

  • It is forbidden to use software programs that focus on the collection and acquisition of data. This includes spiders, crawlers, robots and similar software, but is obviously not limited to those listed.
  • It is not permitted to use the website and its data for spamming, chain letters, junk mail and/or similar variations.
  • It is forbidden to stalk other Users and/or convince them of political and/or religious beliefs.
  • It is forbidden to violate the confidential character of other user-accounts or access other user-accounts without authorisation.
  • It is not allowed to use a false or foreign identity and/or data upon the registration. This includes the registration via a computer functioning as an open proxy.
  • It is not allowed to start certain software programs that can cause direct or indirect damages to other Users.

The list above is in no way exhaustive.

Users have the possibility to upload content on our Website. It is in any case not allowed to upload the following content:

  • Any kind of content that can be considered to be inappropriate or unlawful because of its illegal, unlawful, harmful, abusive, misleading, threatening, obscene, pornographic, offensive or racist nature and/or more generally because it is in conflict with the public morality or the public order. This content does not necessarily have to conflict with the applicable law or the rights of third parties to be regarded as inappropriate;
  • Content that may cause or causes damage to other Users. The spread of harmful application such as computer viruses, malware, worms, Trojans and cancelbots falls hereunder;
  • Content that violates the privacy, intellectual property rights and portrait rights of other Users and/or third parties;
  • Content in which personal data of third parties are unlawfully processed;
  • Content which involves commercial activities such as lotteries, competitions and pyramid schemes and for which no consent was given by the Administrator;
  • Content that is the result of, refers to and/or encourages the act of a criminally sanctioned offence. 

The list above is in no way exhaustive.

The Website cannot be used in relation to (the promotion of) criminal activities. Users are warned that HEAT SUPPLY will fully cooperate with the competent authorities (Federal Computer Crime Unit) to guarantee an effective punishment. This includes the declaration of criminal activities, provision of evidence, et cetera.

5.3. Measures

HEAT SUPPLY can take all necessary and reasonable measures when the User acts in violation of the Conditions of Use, the applicable law, the rights of third Parties or general accepted rules of conduct of the Internet. HEAT SUPPLY preserves a large margin of appreciation to take punitive or remedial measures and to determine the scope of that measure. Measures will always be in proportion to the violation.

HEAT SUPPLY has the possibility to temporarily or permanently suspend the Right of Use and to delete a User Account. In addition, HEAT SUPPLY can limit the general access of the User to the functionalities on the Website, in part or completely and temporarily or permanently.

When acquired by the situation, the above-mentioned measures can be taken without prior warning. The Licensee does not have the right to ask reimbursements or damages for taken measures taken. The User has no right to request a refund or compensation for the measures taken.

If the User finds that the measure taken is inappropriate or unfounded, he must bring this to the notice of HEAT SUPPLY within fifteen (15) calendar days after taking the action. HEAT SUPPLY will take these arguments into account upon assessment without being obliged to nullify the original measure(s).

 

 

 

5.4. End of the right of use (license)

The license is granted for an indefinite period, subject to derogations due to the relationship between the User and HEAT SUPPLY. Both the User and HEAT SUPPLY may terminate the license at any time.

The User can terminate his license unconditionally by deleting his User Account (the Website provides for a user-friendly Delete button). Such a deletion does not bring about the automatic deletion of all the data registered in the User Account. HEAT SUPPLY can store certain data of a deleted User Account for as long is reasonably permitted by law.

The termination of a User account may mean the (future) removal of all the added content. HEAT SUPPLY is not obliged to keep this content guaranteed for a certain period.

  1. BUYING AND SELLING ON OUR WEBSITE

6.1. Vendors

By listing Products for sale, a Vendor is making a binding offer to sell that specific item to a Purchaser who purchases the Products for the ask price the Vendor has specified. When a Purchaser accepts the offer of a Vendor by purchasing the Products through our Website, the Vendor is contractually and legally bound to deliver that exact item for the specified price. For more information about the obligations of a Vendor who uses our Website, we kindly refer to our Conditions of Sale.

6.2. Purchasers

A Purchaser can always make an offer to buy certain Products at a price which is lower than the price as specified by the Vendor. If a Vendor agrees to the lower price, the Purchaser is obligated to pay for the Products he bid on.
A Purchaser who places a bid thus commits to purchase the Products as soon as his bid matches the Vendor’s price.

 

To be an eligible Purchaser one must have a billing address and shipping address. If the address of the Purchaser is outside the EU, the Purchaser will be responsible for paying all customs, duties, taxes and any other related fees in addition to the international shipping charges. The Purchaser will be solely responsible for compliance with all customs requirements on import.

 

The HEAT SUPPLY verification tags that are attached to the Products must not be removed, or the Products will not be eligible for return or exchange under any circumstance (including damage in transit).

If you, as a Purchaser, experience a problem with your purchase or with the delivered Products, please contact us at info@heat.supply. If there is a problem with the Products you received, you must contact us in writing within 3 days after receiving the Products with a detailed description of the problem.

HEAT SUPPLY offers its products exclusively in a C2C environment. Consequently, Purchasers are not entitled to a right of withdrawal. Based on the Belgian Code of Economic Law, the right of withdrawal is only applicable in cases of selling at a distance in a B2C environment.

 

  1. PRICING

 

All prices on the Website are indicated in EURO and include VAT and other taxes. The individual product price does not include the costs of delivery and other additional costs. HEAT SUPPLY will communicate these costs in the last step of our online ordering process. The use of certain selected payment methods can entail additional costs, which are exclusively borne by the Purchaser.

 

Obvious errors in pricing, such as obvious inaccuracies, can still be corrected by HEAT SUPPLY after the conclusion of the Sales Contract. The Purchaser must communicate any complaints regarding the pricing or the payment within seven (7) calendar days after the confirmation of order, in writing by sending an email to info@heat.supply. The filing of a complaint does not suspend due payments.

  1. What we offer

8.1. Proper functioning, safety and accessibility

We provide a user-friendly website that is safe and sound for every User. We take all reasonable measures that are necessary to ensure the proper functioning, safety and accessibility of our Website. This refers to technical, non-technical and organisational measures. Yet, we cannot give any absolute guarantee in this regard, and one must consider our actions as an obligation of means.

Every use of the Website is always at the User’s own risk. This means that we bear no liability for damages resulting from malfunctioning, interruptions, defects or harmful elements of our Website, regardless of the existence of force majeure or external cause. Our Website and the attached services are offered on an ‘AS IS’ and ‘AS AVAILABLE’ basis, so without any implicit or explicit guarantees concerning the proper functioning, security and accessibility.

HEAT SUPPLY can apply a temporary or permanent limitation of access to certain functionalities or a temporary or permanent restriction from the right of use, even without prior warning. In principle, we will only take such measures when justified by the circumstances, including but not limited to unscheduled emergency maintenance. This is however no absolute condition.

HEAT SUPPLY does not provide any guarantee to Vendors that their Products will sell. HEAT SUPPLY will in no case provide any compensation for Products that do not sell through the Website. HEAT SUPPLY also does not guarantee how long it will take for a listing to appear in the Services after it is posted and is not responsible for unsold Products resulting from any listing delays.

8.2. Safe and easy payment

Each payment is handled promptly and completely, i.e. when the Purchaser places his order. We accept the payment methods as indicated on our website:

  • Visa/Mastercard
  • Maestro/Bancontact
  • Paypal coming soon

HEAT SUPPLY has taken all reasonable measures to ensure safe payments. Our main concerns are a loss or theft of your identity or financial information. The use of the abovementioned authorized payment partners and credit card issuers provide the necessary guarantees.

We use the secured payment system of Mangopay for the further processing of the payment. This closed security system always processes your bank details in an encrypted manner. Security measures are provided via the SSL protocol.

Since HEAT SUPPLY relies on third parties for the processing of the payments and the encryption of bank details,
HEAT SUPPLY cannot be held liable for any damages arising from payment issues, including but not limited to insecure payments.

HEAT SUPPLY shall only deliver the order as soon as he has received the full payment of all amounts owed by the Purchaser. The Vendor always retains ownership of all ordered Products until full payment of all amounts due under the Sales Contract have been made, regardless whether the delivery has already occurred, unless otherwise agreed between parties in writing.

8.3. Authentication of the Products

After receiving the Product of the Vendor, HEAT SUPPLY will visually inspect the Products in order to check their condition and authenticity. HEAT SUPPLY will only ship the Products to the Purchaser if HEAT SUPPLY determines the Products are in good condition and authentic. If HEAT SUPPLY cannot reasonably confirm the authenticity of the Products or determines they are not authentic or not in good condition, we will notify both the Purchaser and the Vendor thereof and then issue a refund to the Purchaser. For more information about the authentication process, we kindly refer you to our Conditions of Sale.

8.4. Fast shipment and delivery

The Sales Conditions of HEAT SUPPLY require Vendors to ship ordered Products within two (2) business days of the purchase. However, because HEAT SUPPLY cannot control the amount of time it takes for the Products to reach HEAT SUPPLY, we cannot guarantee a specific delivery timeframe for any Products. Once we received the Products from the Vendor, it generally takes one (1) business day for us to authenticate the Products and ship them to the Purchaser.

To carry out the delivery of Products, HEAT SUPPLY uses a reliable external party, namely DPD. The Purchaser is aware that the involvement of third parties may have an effect on the delivery. Should a certain sent Product not be delivered, an investigation will immediately be carried out with the party responsible for the delivery. This can take up to several days and does not give rise to a refund or another shipment. HEAT SUPPLY cannot be held liable for any damages arising from the late, incorrect, incomplete delivery of Products nor for any damages upon delivery or a loss of Products, should this be the result of actions of the party responsible for the delivery, actions of thirds, unforeseen circumstances or force majeure.

Moreover, the Purchaser is responsible to make the delivery possible at the indicated address, either by being present himself or by designating a third-party present at the indicated address at the moment of the delivery.
A delivery is performed as soon as the ordered Products are offered at the indicated address. Each delivery requires a signature of the delivery confirmation. If a delivery is unsuccessful due to a failure by the Purchaser or by the third party designated by the Purchaser, the cost of this delivery attempt is fully borne by the Purchaser.

If a Purchaser does not receive a Product, the Purchaser shall promptly report the issue to HEAT SUPPLY within two (2) days of the latest estimated delivery date by sending an email to info@heat.supply.

The HEAT SUPPLY verification tags that are attached to the Products must not be removed, or the Products will not be eligible for return or exchange under any circumstance (including damage in transit).

8.5. Content of the Website

The content of our Website is determined by HEAT SUPPLY, our Users and authorised third parties. This may be done with the use of automated processes. The Website contains User Generated Content (UGC). We attach great importance to correct and complete content on our website. We take all necessary steps to ensure this and keep a certain control over the content on our Website. That being said, HEAT SUPPLY cannot guarantee the quality and quantity of the information on our Website and we are not liable for (direct and indirect) damages the User may suffer as a result of the information available on the Website. HEAT SUPPLY has to take all necessary and reasonable measures, which implies an obligation of means. HEAT SUPPLY is not obligated to check the content prior to the placement, nor to do extensive a posteriori checks.

The User and authorised third parties uploading content on our Website are responsible for the correct uploading on the relevant webpage. This has to be done in a comprehensible language for the other Users of the Website.
It is not allowed to upload content that is misleading.

In the event that certain content on our Website entails an infringement of our Conditions of Use, the applicable regulations and/or a violation of the rights of third parties, and/or simply is not acceptable, we ask you to notify us as soon as possible. We will act promptly to make sure the reported content is modified, supplemented or deleted (in part or completely) and/or the User Account of offender is blocked or removed. 

  1. Downloads and links to third-party websites

Our Website may contain content that can be downloaded by the User. Always be critical as a User, because every download of the Website is always at the risk of the User and under the sole responsibility of the User. Also under the responsibility of the User, is to undertake all measures to guarantee the safe use of the Internet, such as the installation of antivirus software. We are not liable for any possible damage caused by downloads and further use of such data.

The content of our Website may contain a link, hyperlink or framed link to external websites or other types of electronic portals. Such link does not automatically imply the existence of a relationship of any nature whatsoever between HEAT SUPPLY and the external website, nor that we (implicitly) agree with the content of these websites. We do not perform any active control on third-party websites and are not responsible for the safe and correct functioning of the websites. The User will leave our Website as soon as he clicks the link and therefore cannot hold us responsible for any subsequent damage. These third-party websites may not offer the same guarantees as we do.  We recommend the User to carefully read the Disclaimer, Conditions of Use and Privacy Statement of these third-party websites.

In principle, the User is free to put a link, hyperlink or framed link on our Website. We do however reserve the right to demand the deletion at any time without giving due cause.

 

 

  1. Liability and indemnification

HEAT SUPPLY cannot be held liable for any form of any direct damages arising from the use of the Website as long as HEAT SUPPLY acts according to the Terms & Conditions. HEAT SUPPLY can under no circumstances be held liable for any Indirect damages arising from the use of the Website. Indirect damages are any kind of consequential damages, lost profits, financial or commercial losses, increasing the overall costs, increased personnel costs, damages for loss of (potential) clients. This list is only indicative and certainly not exhaustive. HEAT SUPPLY does not exclude its liability in case of fraud or wilful misconduct on the condition that the fraud or wilful misconduct is attributable to HEAT SUPPLY.

HEAT SUPPLY explicitly excludes any liability resulting from acts of its Users and third parties on her Website. If the User compromises the liability of HEAT SUPPLY, the User must take all necessary measures to indemnify HEAT SUPPLY.

HEAT SUPPLY takes great care when putting information about the Products and its characteristics online.
This includes technical descriptions based on details provided by the Vendors and photographs illustrating the Products. HEAT SUPPLY can under no circumstances, however, be held liable for information provided by Users on the Website. This also excludes liability for the quality of the Product, wrong information about characteristics or even non-existence of the Product. In case the User exercises his right to complete/create information about the Products on the Website, the other Users are obliged to report any improper use of this right.

If HEAT SUPPLY is prevented to fulfil all or part of its obligations to the User due to circumstances beyond its control, including, but not limited to technical problems, there will be force majeure. HEAT SUPPLY is in that case entitled to suspend its obligations for the duration of the force majeure.

  1. Intellectual property

Creativity merits protection, which is provided by intellectual property rights. Such rights also apply to our Website and its content. By “content” we understand the whole broad category of photos, video, audio, text, ideas, notes, drawings, articles, etc. This content is protected by copyright, software and database rights, industrial design rights and other applicable (intellectual) property rights. The technical character of our Website itself is protected by copyright, software rights and database rights. Any trade names are protected by the applicable trade name and trademark laws. We thus ask of our Users not to make use of and/or adapt the intellectual property rights as described in this clause without the permission of the entitled party.

The User undertakes not to violate the intellectual property rights of HEAT SUPPLY or any other party in any way. HEAT SUPPLY can in no way be held liable should the User violate the intellectual property rights of third parties. Possible factual or legal consequences are thus fully for the account of the User. We again ask your cooperation to prevent any possible infringements on intellectual property by reporting them to us so we can take the appropriate actions.

 

 

  1. YOUR PRIVACY, OUR CONCERN

 

Since the details Users give us are essential for the processing and delivery of orders and for billing, failure to provide these details will result in the cancellation of your order. Communicating incorrect or false information is contrary to the present General Conditions of Use. User’s personal data are exclusively processed in accordance with the applicable Privacy Policy, which can be consulted via our Website.

  1. ELECTRONIC COMMUNCIATIONS

 

Users expressly acknowledge that the use of different types of electronic communications, such as email, give rise to a valid agreement. This is fully consistent with the Act of March 11, 2003 on electronic trading. Within the limits of what is permitted by law, HEAT SUPPLY as well as Users can make use of all electronic files available to prove the existence of the Sales contract. An ordinary digital or electronic qualified signature is not an essential requisite proof.

  1. APPLICABLE LAW AND COMPETENT COURT

We reserve the liberty to modify, extend, limit or stop our Website and the related services at any time. The use of this right requires no prior notice and does not give rise to a compensation.

The nullity or invalidity of (a part of) a provision of these Conditions of Use does not affect the applicability of the remaining provisions. The disputed provision is considered to stand alone. HEAT SUPPLY has the right to replace the provision by a valid provision of similar purpose. The use of (sub-)titles in the Conditions of Use has a purely illustrative value and bears no legal significance.

These Conditions of Use shall be exclusively governed and construed in accordance with Belgian law. In case of any dispute concerning the application of this agreement, the parties are expected to make every effort to find an amicable solution. In the absence of an amicable settlement, the dispute may be referred to a centre for arbitration and mediation (as CEPANI) or a competent court. Disputes fall under the jurisdiction of the courts where the headquarter of HEAT SUPPLY is situated. 

In the light of European legislation, HEAT SUPPLY provides Online Dispute Resolution (ODR).
For more information about ODR, you can go the website of the European Commision: http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/adr-odr/index_en.htm 

 

© 2017 deJuristen IT law and Intellectual Property (http://www.ictrecht.be). The offered information (Privacy Statement, Conditions of Sale and Conditions of Use) is protected under copyright legislation, which means that this information may not be reproduced or distributed without the previous and written permission of deJuristen (contact@dejuristen.be). deJuristen thus retains all relevant intellectual property rights.

 

Mangopay terms and conditions.