Terms Of Use

Last updated: September 2009

 

This agreement governs THE use of thIS website.

This Web site is owned and operated by the society “Belmans-Belmans NV”, [BE0416.837.704] situated at Rozendaal 98, 2440 GEEL, Belgium, (hereafter referred to as “Belmans-Belmans NV”) . Access and use of this Web site (hereafter referred to as the “Site”) is provided by Belmans-Belmans NV to you on condition that you accept these Terms Of Use, and by accessing or using the Site, you agree to these Terms Of Use. If you do not agree to accept and abide by these Terms Of Use you should not access or use the Site.

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

 

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 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. Reclamations regarding color differences will not be considered legitimate.

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.

 

 

2. Shipping Limitations

When an order is placed, the Client commissions Belmans-Belmans NV to ship the purchased goods to an address designated by the Client, which is the address given for payment or a different address, as long as that shipping address is compliant with the shipping restrictions contained on this Site.

1) Shipments are executed by a carrier (hereafter referred to as the “Carrier”), designated by Belmans-Belmans NV. Postage costs are displayed on the Site.

2) Belmans-Belmans NV reserves a shipment delay of maximum 10 working days after dispatching (hereafter referred to as the “Shipment Period”), starting the first working day following to the shipment confirmation email sent by Belmans-Belmans NV to the Client (hereafter referred to as the “Shipment Confirmation”). No dispatches on Saturdays, Sundays and Belgian public holidays.

3) In case the the purchased goods were not received by the addressee, or the addressee's customs services or local postal services, within 10 working days following Belmans-Belmans NV's shipment confirmation, the Client should inform Belmans-Belmans NV by email to customercare@envelop.eu within 48 hrs following this Shipment Period. Beyond that delay no claims will be considered.

4) Risk of loss for items purchased by the Client from this Site pass to Belmans-Belmans NV upon delivery of the items to the Carrier. Belmans-Belmans NV is responsible for filing any claims with the Carrier for  lost shipments. However, delays in delivery do not justify claims for damages. 

 

 

3. Intellectual Property

All materials (including the organization and presentation of such material) on the Site (hereafter referred to as 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.

Certain trademarks, trade names, service marks and logos used or displayed on the 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 the 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 the 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 the Site without the written permission of Belmans-Belmans NV or such third party owner.

 

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:

 

·       Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others;

·       Publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information;

·       Upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless you own or control the rights thereto or have received all necessary consents;

·       Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer;

·       Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded;

·       Falsify the origin or source of software or other material contained in a file that is uploaded;

·       Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters;

·       Encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law;

·       Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner;

·       Use any communications or Content or other information obtained through the Site in a manner that is competitive with the Site or Belmans-Belmans NV’s business;

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.

 

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 Terms Of Use 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.

 

6. Notice and Procedure for Reclamation of Infringement

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:

1.     an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2.     description of the copyrighted work or other intellectual property that you claim has been infringed;

3.     a description of where the material that you claim is infringing is located on the Site;

4.     your address, telephone number, and email address;

5.     a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6.     a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Please address your message to membercare@envelop.eu or:

Belmans-Belmans NV                                                                                                                                        Envelop / Intellectual Property
Rozendaal 98
2440 GEEL / Belgium

 

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 the Site. Please see our Privacy Policy for further details.

 

8. User Communications

Other than personally identifiable information, which is subject to the Site’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to the Site in any manner (hereafter referred to as "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.

· may, but is not obligated to, monitor or review any User Communications.

· shall have no obligations to use, return, review, or respond to any User Communications.

· 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.

· retains the right to remove any or all User Communications that includes any material Belmans-Belmans NV deems inappropriate or unacceptable.

 

9. Currency

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

However, despite our efforts, the information on the 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 the Site. Belmans-Belmans NV may revise, supplement or delete information, services and/or the resources contained in the Site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the 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.

 

10. Links

The site may provide links to third party Websites - not operated nor controlled by Belmans-Belmans NV - for your convenience only. The inclusion of these links does not imply that Belmans-Belmans NV monitors or endorses these Websites. Belmans-Belmans NV does not accept any responsibility for such Websites, and 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.

If you use these links, you will leave the Site. If you decide to access any other Website linked to or from the Site, you do so entirely at your own risk.

 

11. Linking to the Site

Running or displaying the Site or any material displayed on the Site in frames or through similar means on another Website without Belmans-Belmans NV’s prior written permission is prohibited.

Any permitted links to the Site must comply will all applicable laws, rule and regulations.

 

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 the Site. Computer viruses or other destructive programs may also be inadvertently downloaded from the 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 the Site or your downloading of any of the Materials from the Site. Belmans-Belmans NV recommends that you install appropriate anti-virus or other protective software.

 

13. Website en Materials provided “As Is”

THE 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 THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

 

14. Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE 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 OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE 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 THE 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.


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:

 

                        (i) any use or alleged use of the Site under your Member Name by any person, whether                               or not authorized by you;

                        (ii) or resulting from any communication made or Content uploaded under your Member                                Name; or

                        (iii) any breach by you of this Membership Agreement.

                        (iv) arising out of or in connection with any breach by you or anyone acting on your                                          behalf of any of these Terms Of Use.

 

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.

 

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 the Site. You agree with respect to any information provided by you to us through the Site or via e-mail that:

·       Belmans-Belmans NV has no obligation concerning such information;

·       the information is non-confidential;

·       Belmans-Belmans NV may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and

·       the information is truthful and disclosure of the information does not violate the legal rights of others.

 

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.

 

18. Termination

You or we may suspend or terminate your account or your use of the 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 the Site at any time without notice.

 

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 the Site, you acknowledge and agree that all matters relating to access to, or use of the Site shall be governed by the Belgian laws 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 Turnhout, Belgium and acknowledge that you do so voluntarily.

 

20. General

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

If any provision or part thereof of these Terms Of Use 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 Of Use and all documents relating thereto be drawn up in English.


21. Revisions to these Terms Of Use

Belmans-Belmans NV may revise these Terms Of Use 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 Of Use because they are binding on you.

 
 

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