Terms and conditions

The terms and conditions describe and govern the use and services of www.envelop.eu, a belmans-belmans nv website.

I. General use

This Web site is owned and operated by Belmans-Belmans NV (“Belmans-Belmans NV”). Access and use of this Web site is provided by Belmans-Belmans NV to you on condition that you accept these Terms And Conditions, and by accessing or using this Web site, you agree to these Terms And Conditions. If you do not agree to accept and abide by these Terms And Conditions you should not access or use this Web site.

You may not interfere with the security of, or otherwise abuse this Web site or any system resources, services or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.

1.1 Products, Content and Specifications

All features, content, specifications, products and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

1.2 Shipping Limitations

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

1.3 Intellectual Property

All materials (including the organization and presentation of such material) on this Web site (the “Materials”) are the property of Belmans-Belmans NV and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.

Unless you have entered into a separate agreement with Belmans-Belmans NV, any other use of these Materials without Belmans-Belmans NV's written permission is prohibited.

The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.

You acknowledge that the Site contains or may contain information, illustrations, data files, code snippets and other material (collectively, "Content") which is protected by copyright, trademark or other proprietary rights of Belmans-Belmans NV and its affiliates or other third parties (including other members).

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, reverse engineer or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in this Membership.

Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of Belmans-Belmans NV and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners, including Belmans-Belmans NV and its affiliates. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of Belmans-Belmans NV or such third party owner.

1.4 Rules of Conduct

You agree that you will not use the Site for any purpose that is unlawful or not permitted by this Agreement. By way of example, and not as a limitation, you agree that when uploading to or communicating via the Site, including in respect of any forums, chat-rooms or other exchanges (a “Forum”) accessed on or through the Site, you shall not do any of the following:

You acknowledge that Forums are public and not private communications. Further, you acknowledge that no communication of a third party or Content is endorsed by Belmans-Belmans NV and no communication of a third party or Content may be considered reviewed, screened or approved by Belmans-Belmans NV. In addition to any remedies that Belmans-Belmans NV may have at law or in equity, if Belmans-Belmans NV reasonably determines that you have violated or are likely to violate the foregoing prohibitions, Belmans-Belmans NV may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. Belmans-Belmans NV will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Belmans-Belmans NV to disclose the identity of anyone posting such materials.

You also agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You also agree not to attempt to gain unauthorized access to any other Belmans-Belmans NV member accounts, computer systems or networks associated with the Site. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

1.5 Conduct of Content

Belmans-Belmans NV does not and cannot review all communications or Content uploaded to the Site and is not responsible for the content of such communications or Content. Notwithstanding the foregoing, Belmans-Belmans NV reserves the right to delete, move or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Membership Agreement or is otherwise unacceptable. You shall remain solely responsible for all communications made or Content uploaded under your Member Name. Belmans-Belmans NV shall have the right but not the obligation to correct any errors or omissions in any Content, as it may determine in its sole discretion. You acknowledge that any screening of Content performed by Belmans-Belmans NV to determine Accepted Content is done as a courtesy only.

Belmans-Belmans NV respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Belmans-Belmans NV with notice of such infringement in the manner described under Notice and Procedure for Making Claims of Infringement in the Terms And Conditions.

1.6 Kennisgeving en Procedure voor Reclameren van een Inbreuk

Belmans-Belmans NV respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Belmans-Belmans NV with a written communication including substantially the following information:

Please address your letter to:

Belmans-Belmans NV – div. Envelop
Rozendaal 98
2440
GEEL/Belgium

1.7 Privacy

Belmans-Belmans NV is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Website Privacy Commitment to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. Please see our Privacy Policy for further details.

1.8 User Information

Other than personally identifiable information, which is subject to this Web Site’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. Belmans-Belmans NV, each of its affiliates and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. Belmans-Belmans NV may, but is not obligated to, monitor or review any User Communications. Belmans-Belmans NV shall have no obligations to use, return, review, or respond to any User Communications. Belmans-Belmans NV will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Belmans-Belmans NV retains the right to remove any or all User Communications that includes any material Belmans-Belmans NV deems inappropriate or unacceptable.

1.9 Currency

Belmans-Belmans NV updates the information on this Web site regularly and attempts to ensure that information on this Web Site is complete, accurate and current.

However, despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. Belmans-Belmans NV cannot guarantee or accept any responsibility or liability for the accuracy, currency, recentness or completeness of the information on this Web site. Belmans-Belmans NV may revise, supplement or delete information, services and/or the resources contained in the Web site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

1.10 Links

This Web site may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that Belmans-Belmans NV monitors or endorses these Web sites. Belmans-Belmans NV does not accept any responsibility for such Web sites. Belmans-Belmans NV shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources.

From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by Belmans-Belmans NV. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Belmans-Belmans NV is not responsible for any content, materials or other information located on or accessible from any other Web site. Belmans-Belmans NV does not endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do so entirely at your own risk.

1.11 Linking to this Web Site

Running or displaying this Web Site or any material displayed on this Web Site in frames or through similar means on another Web site without Belmans-Belmans NV’s prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.

1.12 Internetsoftware or computervirusses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site.

Belmans-Belmans NV shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site.

Belmans-Belmans NV recommends that you install appropriate anti-virus or other protective software.

1.13 Website and Materials provided “As Is”

THIS WEB SITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BELMANS-BELMANS NV DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

1.14 Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL BELMANS-BELMANS NV OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEB SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE (€5.00) EUROS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

1.15 Indemnification

You agree to indemnify and hold Belmans-Belmans NV harmless against all claims or liability asserted against Belmans-Belmans NV

You agree to indemnify, defend and hold Belmans-Belmans NV and its affiliates, and their respective directors, officers, employees, shareholders, partners and agents (collectively, the "Belmans-Belmans NV Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including lawyers’ fees on a solicitor and client basis) incurred by any Belmans-Belmans NV Party in connection with:

Belmans-Belmans NV reserves the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Belmans-Belmans NV's defence of such claim.

1.16 Email

Feel free to email Belmans-Belmans NV at help@envelop.eu. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Belmans-Belmans NV is not liable for any damages related to communications to or from this Web site. You agree with respect to any information provided by you to us through this Web site or via e-mail that:

1.17. Age and resonsibility

You represent and warrant that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You agree to be responsible for all of your use of the Site (as well as for use of your Member Name and password(s) by others, including without limitation, minors living with you). You agree to supervise all usage by minors of the Site under your name or account.

1.18 Termination

You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.

1.19 Applicable law

This Web site is controlled, operated and administered by Belmans-Belmans NV from within Belgium. This Web site can be accessed from all provinces and territories of Belgium, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of Belgium, by accessing this Web site, you acknowledge and agree that all matters relating to access to, or use of this Web site shall be governed by the laws of Belgium applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of Belgium and acknowledge that you do so voluntarily.

1.20 General

Belmans-Belmans NV’s failure to insist upon or enforce strict performance of any provision of these Terms And Conditions shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms And Conditions is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms And Conditions and all documents relating thereto be drawn up in English.

1.21 Revisions to these Terms and Conditions

Belmans-Belmans NV may revise these Terms And Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms And Conditions because they are binding on you. Certain provisions of these Terms And Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site.

Belmans-Belmans NV may revise and update these Terms And Conditions at anytime and without notice. You are cautioned to review the Terms And Conditions posted on the Web site periodically. Your continued access or use of this Web site after any such changes are posted will constitute your acceptance of these changes.

1.22 Contact

If you have concerns relating to this web site or these Terms And Conditions, please contact Belmans-Belmans NV at help@envelop.eu or via phone at +32.(0)14.560017.

 

II. Supplier agreement

This Agreement governs

This Supplier Agreement is in addition to the Terms of Use applicable to the Site. In the event of any inconsistency between this agreement and the Terms of Use, the terms of this agreement shall govern.

Access and use of the membership portions of the Site are provided by Belmans-Belmans NV to you on condition that you accept the terms and conditions of this Supplier Agreement and the Terms of Use, and by accessing or using the membership portions of the Site, you agree to the terms and conditions of this Supplier Agreement and the Terms of Use. If you do not agree to accept and abide by this Supplier Agreement and the Terms of Use, you should not access or use the membership portions of the Site.

Belmans-Belmans NV reserves the right, in its discretion, to change or modify all or any part of this Supplier Agreement at any time, effective immediately upon notice published on the Site. Your continued use of the membership portions of the Site after such notice constitutes your binding acceptance of the terms and conditions in this Membership Agreement, including any changes or modifications made by Belmans-Belmans NV as permitted above. If at any time the terms and conditions of this Membership Agreement are no longer acceptable to you, you should immediately cease use of the membership portions of the Site.

2.1 Background of this agreement

2.2 Content

2.3 Authority

2.4 Intellectual property

2.5 Compensation

2.6 Password

You acknowledge and agree that you will be responsible for each and every access or use of the Upload portions of the Site that occurs in conjunction with your email address and such passwords (generating your profile or ‘Shop name’), and that Belmans-Belmans NV is authorized to accept your email address and password as conclusive evidence that you wish to upload Content pursuant to this Agreement. Belmans-Belmans NV shall have no liability or responsibility to monitor the provision of Content under your member name and password.

You acknowledge and agree that the user identification provided by Belmans-Belmans NV to you so that you may access and utilize the membership portions of the Site (your “Shop name”), and the password selected by and used by you in conjunction with your email address are to be kept secret and confidential. You agree that you shall not disclose such email address or password to any other party without the express written permission of Belmans-Belmans NV.

You acknowledge that such password(s) are unique to you and that, although Belmans-Belmans NV does have the ability to require password(s) to meet certain requirements (such as a minimum or maximum number of characters) and to reset such password(s), Belmans-Belmans NV does not have the ability to access the password(s) themselves.

2.7 Conduct of content

Belmans-Belmans NV does not and cannot review all communications or Content uploaded to the Site and is not responsible for the content, quality, or consequences of your uploading such communications or Content. Notwithstanding the foregoing, Belmans-Belmans NV reserves the right to delete, move, refuse to accept or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Supplier Agreement, the intellectual or proprietary rights of others, any of its policies or is otherwise unacceptable in its discretion, and you hereby agree to forfeit any fees payable in respect of such Content to Belmans-Belmans NV or as it may direct. You shall remain solely responsible for all communications made or Content uploaded under your Member Name. Belmans-Belmans NV shall have the right but not the obligation to correct any errors or omissions in any Content, as it may determine in its sole discretion. You acknowledge that any screening of Content performed by Belmans-Belmans NV to determine Accepted Content is done as a courtesy only.

Belmans-Belmans NV respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Belmans-Belmans NV with notice of such infringement in the manner described under Notice and Procedure for Making Claims of Infringement in the Terms of Use.

2.8 Privacy

2.9 Representation and warranties

2.10 Schadeloosstelling / compensatie

a) You agree to indemnify, defend and hold Belmans-Belmans NV and its affiliates, and their respective directors, officers, employees, shareholders, agents and customers (collectively, the “Belmans-Belmans NV Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by any Belmans-Belmans NV Party as a result of or in connection with:

Belmans-Belmans NV reserves the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Belmans-Belmans NV's defence of such claim.

2.11 Terms and conclusion

a) This Agreement is effective until terminated. You may terminate this Agreement at any time by giving thirty (30) days written notice to Belmans-Belmans NV using membercare@envelop.eu or such other means of written notice acceptable to Belmans-Belmans NV which enables confirmation of your identity and your intention to terminate. Belmans-Belmans NV may also terminate this Agreement for any reason by giving you thirty (30) days notice by e-mail at the last address contained in your membership information. If Belmans-Belmans NV terminates your membership pursuant to the terms of the Membership Agreement, such termination shall be deemed to be notice of termination of this Agreement, as well.

b) Either party may terminate this Agreement upon written notice effective immediately upon receipt, if the other party:

i. liquidates all or substantially all of its assets, dissolves as a corporation other than through inadvertence, or otherwise ceases to do business in a material way; or makes an assignment for the benefit of creditors; or files a petition in bankruptcy, petitions or applies for a receiver or trustee for all or any substantial part of its property and such receiver or trustee is appointed, or commences, or has commenced against it, a proceeding under any bankruptcy, reorganization, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, any of which shall remain in force for a period of thirty (30) days or more, or is adjudicated insolvent or bankrupt, or is in breach of this Agreement.

c) In addition, Belmans-Belmans NV may deem an account to be terminated and may off-set any fees or credits contained in such account against its costs of administration if there has been:

in the reasonable opinion of Belmans-Belmans NV, any material misrepresentation made as to the capacity, identity or copyright ownership of Content or the Supplier provided hereunder; or no log-in or other activity in the account for 24 months (2 years) despite reasonable commercial efforts to contact Supplier based on the information provided through the Site as part of the account profile of such Supplier.

2.12 Result of conclusion

Upon the termination of this Agreement, the grant of authority given to Belmans-Belmans NV shall cease subject to the following conditions:

Belmans-Belmans NV shall remove Accepted Content from the Site within thirty (30) days of the termination of this Agreement; Notwithstanding termination, Belmans-Belmans NV shall have the right to continue selling Accepted Content until it is removed from the Site; and Regardless of the expiration or termination of this Agreement, Belmans-Belmans NV will continue, in accordance with this Agreement, to pay compensation due to the Supplier in respect of purchases made during any transitional period, subject to any rights of set-off under this Agreement or at law.

2.13 WARRANTY DISCLAIM

a) THE SITE, INCLUDING ANY CONTENT CONTAINED THEREIN, ARE PROVIDED BY BELMANS-BELMANS NV “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BELMANS-BELMANS NV DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE CONTENT WILL BE MADE AVAILABLE FOR SALE OR LICENSE OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

b) BELMANS-BELMANS NV DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

2.14 LIMITATION OF LIABILITY

a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT OR INFORMATION CONTAINED THEREIN.

b) IN NO EVENT SHALL BELMANS-BELMANS NV OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AGENTS OR LICENSEES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF BELMANS-BELMANS NV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

c) IN ANY EVENT, BELMANS-BELMANS NV’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE FEES COLLECTED BY BELMANS-BELMANS NV FOR THE CONTENT THAT IS THE SUBJECT MATTER OF THE CLAIM, BUT IN ANY EVENT WILL NOT EXCEED ONE THOUSAND (€1,000.00) EUROS.

d) SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF BELMANS-BELMANS NV OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AGENTS OR LICENSEES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

2.15 Age and responsability

You represent and warrant that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You agree to be responsible for all of your use of the Site (as well as for use of your Member Name and password(s) by others, including without limitation, minors living with you). You agree to supervise all usage by minors of the Site under your name or account.

2.16 Applicable law

a) The Site is controlled, operated and administered by Belmans-Belmans NV from within Belgium. The Site can be accessed from all provinces and territories of Belgium, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from Belgian law, you acknowledge and agree that this Agreement will be governed under the Belgian law applicable therein (without reference to conflicts of laws principles). You hereby irrevocably submit to the exclusive jurisdiction of the Belgian Courts with respect to the subject matter of this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

b) You consent to service of any required notice or process upon you by email, registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time you are first granted access to the membership portions of the Site. You agree to waive any right you may have to

i. trial by jury; and ii. to commence or participate in any class action against Belmans-Belmans NV related to the Site or this Agreement.

c) Any and all disputes arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration Turnhout in effect at the time arbitration is demanded.

d) If Belmans-Belmans NV is obligated to go to court or arbitration to enforce any of its rights, or to collect any fees, you agree to reimburse Belmans-Belmans NV for its legal fees, costs and disbursements if Belmans-Belmans NV is successful.

2.17 General

a) You specifically agree and acknowledge that you have, in addition to the terms of this Agreement, reviewed the Terms of Use and any other agreements, which may be incorporated by reference therein, and to the extent of their incorporation in this Supplier Agreement you agree to be bound by them.

b) Belmans-Belmans NV’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

c) This Agreement is personal to you and is binding upon your heirs, executors and legal representatives, as the case may be, and is not assignable by you without Belmans-Belmans NV’s prior written consent. Belmans-Belmans NV may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.

d) If all or part of any provision of this Agreement is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place of such whole or part provision an enforceable provision or provisions, that as nearly as possible reflects the terms of the unenforceable whole or part provision.

e) This Agreement can be amended by the written agreement of the parties or by Belmans-Belmans NV posting amendments on the Upload portion of the Site. Continued provision of Content or failure to terminate this Agreement within thirty (30) days of posting of such amendment will be deemed to be acceptance of the amendment by the Supplier and it will be incorporated by reference into this Agreement.

f) The parties have requested that this Agreement and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient en anglais.

2.18 Contact

If you have concerns relating to this Agreement, please contact Belmans-Belmans NV at membercare@envelop.eu or via phone at +32.(0)14.560017.

2.19 Acknowledge

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF BELMANS-BELMANS NV AGREEING TO PROVIDE A MEANS FOR THE SALE OF YOUR ACCEPTED CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND BELMANS-BELMANS NV, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND BELMANS-BELMANS NV RELATING TO THE SUBJECT OF THIS AGREEMENT.

 

III. SALES CONDITIONS

We are happy to receive you on our website www.envelop.eu (hereafter referred to as the “Site”.) The present conditions apply, on the one hand, to the society “Belmans-Belmans NV”, [Ondernemingsnummer] situated at Rozendaal 98, 2440 GEEL, Belgium, hereafter referred to as “Belmans-Belmans NV” and on the other hand, person(s) wishing to purchase on the internet site of Belmans-Belmans NV, hereafter referred to as “the client”. These general conditions of sale apply exclusively to the sale of products presented on the site. They are systematically available to the client on the present site when the order is registered. Their objective is to define the conditions of sale between Belmans-Belmans NV from the placing of the order to the final delivery, including conditions of payment. They control all the necessary steps for placing an order on line and ensure the follow-up of the order between the two contracting parties. These conditions apply to natural persons as well as to companies.

3.1 Products, Content and Specifications

All features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colours; however, the actual colour you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colours. The inclusion of any products or services in this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. An order registered on the site can only be valid once the client is clearly identified. All orders presuppose acceptation of the price and the description of the products for sale.

3.2 Price and Payment

The prices given on the site are in Euros, 21% Belgian VAT included, transport costs excluded. Prices may vary in the course of the year. Products ordered are charged at the price ruling at the time when the order is registered. The products remain the property of Belmans-Belmans NV until payment has been effected. All orders placed on the site must be paid for exclusively in Euros by credit card. Maximum security is ensured for all payments made on line by credit card when placing an order. The entire transaction is directed in encrypted mode towards the bank validation server in SSL mode (Secure Socket Layer).

3.3 Shipping Limitations

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. The client may choose where delivery should be made, at the address given for payment or at a different address. Belmans-Belmans NV undertakes to deliver the articles with minimum delay by “colissimo suivi”. 
 Postage costs : view site. No dispatches on Sundays and public holidays. Delays in delivery do not justify claims for damages with interest. In case of loss or damage, the addressee must take legal steps against the transporter within a delay of 72 hours.

3.4 Guarantee

All orders are checked twice before dispatch. In case of an error in the quantity or of defective goods, reclamation must be made to Belmans-Belmans NV within 48 hours after reception. Beyond that delay no claims will be considered. In case of a legitimate claim, we will not replace the faulty article, but fund you with a gift card. The exchange must take place. The client must return the article at his own expense within 15 days after the date of reception. The address for returning faulty articles is : Belmans-Belmans NV, Rozendaal 98, 2440 GEEL, Belgium

3.5 Signatures and Proofs

Supplying, online, the number of the credit card and the final validation of the order, serves as proof positive for the whole of that order as well as liability for the total amount involved as payment for all the articles on that order form. Such validation is equivalent to a signature and formal acceptance of all the operations effected on the site. PROOF : The computerized registers kept in the computer system of Belmans-Belmans NV under conditions of reasonable security, will be considered as proof of the communications, orders and payments concerning the two parties. ELECTRONIC CONSERVATION AND STORAGE OF TRANSACTIONS : The storage of order forms and accounts is effected on a reliable durable support in such a way as to correspond to a faithful and durable copy.

3.6 Responsibility

For all the stages of access to the site, placing orders, delivery or ulterior services, Belmans-Belmans NV has only the obligation of the means. Belmans-Belmans NV cannot be held responsible for any inconvenience or damage inherent to the use of Internet, notable the interruption of services, an exterior intrusion or the presence of information viruses or any other factor beyond their control, in accordance with current jurisprudence.

3.7 Duration

The present conditions apply throughout the duration of the offer of active services by Belmans-Belmans NV.

3.8 Contact

Client service: For all information, questions or advice our client service is available to you :

COMPETENCE AND APPLICABLE LAW

The current conditions are subject to Belgian Law. In the case of litigation and failure to reach an amicable solution between the parties, competence will be attributed to the competent tribunal of Turnhout, notwithstanding plurality of defenders and/or appeal in guarantee even for urgent procedures or protective summary procedures or by petition.