1.1 USE OF THE WEBSITE www.danielhechterwax.com/dhwax.com OF THE COMPANY SOMEX SA (Societe Des Marches Exterieurs SA) IS SUBJECT TO PRIOR ACCEPTANCE OF THE CONDITIONS PROVIDED BELOW.
1.3 THE WEBSITE www.danielhechterwax.com/dhwax.com, MATERIALS AND SERVICES WILL BE DEFINED HEREINAFTER AS THE “WEBSITE” OR AS THE “SITE” OR AS www.danielhechterwax.com/dhwax.com.
2. General provisions
2.1 SOMEX SA (Societe Des Marches Exterieurs SA) SA (SOCIETE DES MARCHES EXTERIEURS SA), registration number n° BE402.178.232, with headquarter located at Avenue des Arts, 1/8, 1210 Bruxelles, BELGIUM (tel: +32 (2) 2190620; mail: email@example.com) is the owner of www.danielhechterwax.com/dhwax.com.
2.2 The Website is restricted to the exclusive personal, non-commercial use of the user.
2.3 It is strictly forbidden to use the Website for any other purpose, including for reuse on another site not owned by SOMEX SA (Societe Des Marches Exterieurs SA) or, in general, within any IT environment which does not belong to SOMEX SA (Societe Des Marches Exterieurs SA).
2.4 In addition, and in general, it is strictly forbidden to copy, reproduce, modify, publicly display, publicly perform, or distribute all or any parts of the Website.
2.5 Any unauthorized use of the Website will be a breach of these Terms and may constitute an infringement of the laws of copyright and trademark, and other laws, such as laws on patents.
2.6 SOMEX SA (Societe Des Marches Exterieurs SA) draw the attention of the user on the fact that the breach of laws on intellectual property (copyright, trademarks, patents …) is not only a civil fault that may expose the offender to pay damages to SOMEX SA (Societe Des Marches Exterieurs SA), but is also considered in most OECD states, as a criminal offense.
2.7 It is SOMEX SA (Societe Des Marches Exterieurs SA)’s standard policy to pursue those who violate its intellectual property.
3. CONFIDENTIAL INFORMATION
3.1 “Confidential Information” means information or materials collected on the Website. However, the Confidential Information will not include, or will cease to include, as applicable, information or materials that (i) were generally known to the public on the disclosure date; (ii) become generally known to the public after the disclosure date, other than as a result of the act or omission of the receiving Party; (iii) were rightfully known to the receiving Party prior to its receipt thereof from the disclosing Party; (iv) the receiving Party lawfully received from a third Party without that third Party’s breach of a confidentiality obligation; or (v) are independently developed by the receiving Party.
4. RESTRICTIONS ON DISCLOSURE AND USE
4.3 Notwithstanding anything herein to the contrary, the restrictions on disclosure and use set forth herein shall not restrict or limit the right of the receiving Party to (a) independently design, develop, acquire, market, service or otherwise deal in, directly or indirectly, products or services competitive with those of the disclosing Party; or (b) assign personnel for any purpose.
4.4 The receiving Party may disclose Confidential Information pursuant to a valid judicial or governmental order, provided that, prior to such disclosure, the receiving Party must notify, and reasonably cooperate with, the disclosing Party in advance so that the disclosing Party has an opportunity to request confidential treatment or other available protection.
5. EXAMPLES OF EXPRESSLY EXCLUDED USES
5.1 The user undertakes not to use the Website www.danielhechterwax.com/dhwax.com (including any Materials or services obtained from the website www.danielhechterwax.com/dhwax.com :
5.1.1 In a manner that violates any law or regulation, including international treaties. OR
5.1.2 In a manner that would interfere in any way whatsoever with the normal functioning of the Site www.danielhechterwax.com/dhwax.com, servers or networks connected to the Site www.danielhechterwax.com/dhwax.com. OR
5.1.3 To monitor, harass, cause harm to a third party or violate the rights of a third-party. OR
5.1.4 To conceal his identity or to impersonate another person.
5.2 The use of data mining tools, robots or other methods of extraction or collection of data on the Site www.danielhechterwax.com/dhwax.com is also prohibited, as well as any act of hacking, such as theft of password, content modification or unauthorized access to computer systems hosting the Site.
6. PERSONAL DATA
6.1 The user’s attention is drawn to the fact that if registered on the Site www.danielhechterwax.com/dhwax.com to create an account or contact that SOMEX SA (Societe Des Marches Exterieurs SA) via the Site to obtain products or services SOMEX SA (Societe Des Marches Exterieurs SA) may collect personal information about him/her.
6.3 In the context of the use of his personal account, the user must keep his password confidential and bears full responsibility for the activities carried out with it. The user expressly agrees to immediately notify SOMEX SA (Societe Des Marches Exterieurs SA) of any unauthorized use of his password.
6.4 SOMEX SA (Societe Des Marches Exterieurs SA) reserves the right to request the user to change its password if SOMEX SA (Societe Des Marches Exterieurs SA) believes that it is not appropriately secured.
7.1 Subject to section ‘DISCLAIMER AND LIMITATION OF LIABILITY’ below, SOMEX SA (Societe Des Marches Exterieurs SA) reserves the right to terminate, suspend or modify the user registration and access to all or part of the Site without prior notice, at any time, without giving any justification.
7.2 The user may also stop using the Site www.danielhechterwax.com/dhwax.com at any time.
7.3 In case of non-compliance with any of these conditions, SOMEX SA (Societe Des Marches Exterieurs SA) reserves the right to remove automatically access to the Site www.danielhechterwax.com/dhwax.com for the user which must immediately destroy any downloaded or printed materials, and any copies thereof.
8. DISCLAIMER AND LIMITATION OF LIABILITY
8.1 The Website www.danielhechterwax.com/dhwax.com is made available for free, and AS IS. The user acknowledges being fully aware of this situation and declares that he/she fully accepts it.
8.2 The user who wishes to have free access to the Website acknowledges accordingly bearing all risks associated with the use of the Website.
8.3 SOMEX SA (Societe Des Marches Exterieurs SA) disclaims all representations and warranties, including, without limitation, any express or implied warranty.
8.4 Further, SOMEX SA (Societe Des Marches Exterieurs SA) does not warrant neither that the Website will meet the expectations of the user (who may choose to use any other equivalent website) nor that it will be available, up to date, secure and free from defects.
8.5 SOMEX SA (Societe Des Marches Exterieurs SA) does not guarantee that any defect will be necessarily corrected and provides no warranty as to the results obtained from the use of the Website. SOMEX SA (Societe Des Marches Exterieurs SA) also declines all liability with respect to the reliability of the Materials contained on the Site.
8.6 Furthermore, should SOMEX SA (Societe Des Marches Exterieurs SA) be held liable despite the complete disclaimer and limitation of liability referred to in the preceding paragraph and its informed acceptance by the user, the following limitation of liability would apply.
8.7 SOMEX SA (Societe Des Marches Exterieurs SA) can under no circumstances be liable for consequential damages resulting from a defect or fault any in connection with the Site.
8.8 In addition, the responsibility of SOMEX SA (Societe Des Marches Exterieurs SA), for any reason whatsoever and for any damage, is expressly limited in any case to a lump sum of 20EUR.
9. MODIFICATION AND/OR INTERRUPTION OF www.danielhechterwax.com/dhwax.com
9.1 SOMEX SA (Societe Des Marches Exterieurs SA) reserves the right to modify, suspend or terminate the Website www.danielhechterwax.com/dhwax.com at any time and without prior notification.
10. LINKS TO THIRD PARTY WEB SITES AND CREATION OF LINKS TO WEB SITES
10.1 Links contained on the Website www.danielhechterwax.com/dhwax.com and leading to third-party websites are offered only for information purposes and without any guarantee. SOMEX SA (Societe Des Marches Exterieurs SA) is not required to monitor the content of third party sites and is not responsible for those sites. Access to third-party sites falls under the full and sole responsibility of the user.
10.2 The user has the ability to create links to this Site provided that he/she complies at all time with these Terms and in particular with the conditions set out below:
10.2.1 The user can establish a link to any Material (including SOMEX SA (Societe Des Marches Exterieurs SA)’s logo), but does not have the right to reproduce it.
10.2.2 Users must not mislead third parties as to the nature of his relationship with SOMEX SA (Societe Des Marches Exterieurs SA).
10.2.3 The user should not suggest that SOMEX SA (Societe Des Marches Exterieurs SA) endorse his actions or the goods or services that may put at the disposal of others.
10.2.4 Users must not provide false or misleading information concerning SOMEX SA (Societe Des Marches Exterieurs SA), its products or services.
10.2.5 The user shall not include unpleasant or offensive content or content that would not be suitable for all ages.
11. WARRANTY FROM THE USER
11.1 The user agrees to support, indemnify and hold harmless SOMEX SA (Societe Des Marches Exterieurs SA) against all losses or damages (including attorney’s fees) arising from any complain or claim filed against SOMEX SA (Societe Des Marches Exterieurs SA) and that would be resulting from a violation of these Terms by the user (or by a person using his account).
12.1 These Terms constitute the complete, exclusive and final text of the agreement between SOMEX SA (Societe Des Marches Exterieurs SA) and the user relating to the use of the Website www.danielhechterwax.com/dhwax.com. Any alleged prior agreement cannot be opposed to SOMEX SA (Societe Des Marches Exterieurs SA).
12.2 These Terms and, in general, the relationship between SOMEX SA (Societe Des Marches Exterieurs SA) and the user shall be governed exclusively by law of the judicial district responsible for the registered office of SOMEX SA (Societe Des Marches Exterieurs SA) and any dispute about them is subject to the exclusive jurisdiction of the courts located in the judicial district responsible for the registered office of SOMEX SA (Societe Des Marches Exterieurs SA).
12.3 If SOMEX SA (Societe Des Marches Exterieurs SA) does not exercise any right or enforce any provision of these conditions, this could never be interpreted as a waiver of such right or provision.
12.4 If any provision of these Terms should be declared invalid by a court of competent jurisdiction, the parties expressly agree that this provision is replaced by a clause having valid effect and as close as possible to the original provision. The cancellation of one or more provisions of these Terms does not invalidate the other, which remain in force.
12.5 The titles of articles contained herein are aimed at increasing the readability of the Terms and have no legal value.
12.6 These Terms, as well as the rights and licenses granted hereunder thereof, may not be transferred by the user and are strictly personal.
12.7 SOMEX SA (Societe Des Marches Exterieurs SA) may modify these Terms at its sole discretion. SOMEX SA (Societe Des Marches Exterieurs SA), however, will display a message on the changes made on the Website. If the user does not agree with these changes, the user may stop using the Website www.danielhechterwax.com/dhwax.com. If the user continues to use the Website www.danielhechterwax.com/dhwax.com after the changes has been made, following the above notification, he/she is deemed to have accepted such changes.
General Terms & Conditions
SOMEX SA (Societe Des Marches Exterieurs SA)
Name: SOCIETE DES MARCHES EXTERIEURS SA
Address: Avenue des Arts, 1/8, 1210 Bruxelles, BELGIUM
Phone: +32 (2) 2190620
Email: firstname.lastname@example.orgWith regard to any complaints relating to your purchase from our online store, proceed to “Customer Service” at the bottom of these General Terms & Conditions. 2.2 Concerning the offering of payment services in the context of this website, SOMEX SA (Societe Des Marches Exterieurs SA) uses an external payment service provider, i.e. MOLLIE B.V. (hereinafter referred to as: Mollie of MOLLIE):
Name: MOLLIE B.V.
Address: Keizersgracht 313, 1016 EE Amsterdam, The Netherlands
Phone: +3225882186, +31208202070
Address: Avenue des Arts, 1/8, 1210, Bruxelles, BELGIUM
Phone: +32 (2) 2190620
Office hours: 9h-17h
9. OTHER PROVISIONS 9.1 You give your assurance that you are entitled to enter into this agreement. If you are acting on behalf of a legal entity, you guarantee that you have the necessary powers of representation to enter into this agreement. 9.2 These General Terms & Conditions can be viewed at any time on the website of SOMEX SA (Societe Des Marches Exterieurs SA) using a hyperlink referring to it at the bottom of the web page. They will also be provided to you in PDF format by email no later than the date of entering into the agreement. To open the PDF document, you will need Adobe Reader, which you can download free of charge from www.adobe.be, or a similar PDF reader. The email address referred to in this clause is that linked to your account. 9.3 SOMEX SA (Societe Des Marches Exterieurs SA) may assign all or part of this agreement or any rights and obligations arising from it to any third party without your consent, except as otherwise provided for by mandatory law. 9.4 The European Commission offers consumers a platform for alternative dispute resolution. Consumers can resolve their disputes relating to an online order without the intervention of the courts. You can access the online dispute settlement platform via this URL: http://ec.europa.eu/odr/. 9.5 Application of the Vienna Convention on International Sale Agreements (1980) is expressly excluded. If one or more of the provisions contained in the General Terms & Conditions are declared invalid, this shall not affect the validity of the remaining provisions. 10. APPLICABLE LAW AND COMPETENT COURT 10.1 These General Terms & Conditions and your use of this website are governed solely by the laws of the judicial district responsible for the registered office of SOMEX SA (Societe Des Marches Exterieurs SA) excluding rules of international private law on the basis of which the law of another country would be applicable. 10.2 Except in the event of another court having territorial jurisdiction on the basis of mandatory law, any dispute relating to these General Terms & Conditions, SOMEX SA (Societe Des Marches Exterieurs SA) or your use of this website shall be resolved exclusively by the courts located in the judicial district responsible for the registered office of SOMEX SA (Societe Des Marches Exterieurs SA).