DISCLAIMER – TERMS OF USE E-STORE HEDGREN CREATIONS N.V.

 

  1. Legal notices

© Hedgren Creations N.V., 2016

Hedgren Creations NV
Grote Steenweg 50, 2550 Kontich – BELGIUM
Business number/VAT number: 0880.202.348
Register for Legal Entities – Brussels

  1. Acceptance of Terms of use

Use of this web site (i.e. www.hedgrenstore.com) is conditioned upon users acceptance of the terms of use contained herein. All users of this web site hereby understand and agree that their use of such web site constitutes acceptance of the terms of use set forth in this legal notice. HEDGREN CREATIONS N.V., reserves the right to modify the terms of use at any time without prior notice. If you do not agree to these terms, you may not use this web site. The domain name www.hedgrenstore.com is owned by HEDGREN CREATIONS N.V..

  1. Trademarks

This web site contains many trademarks, trade names, service marks, copyrights and/or logos of HEDGREN CREATIONS N.V.. User agrees that it will not change, modify and/or exploit the marks, nor participate in any activity which modifies and or exploits such marks. All rights to these marks are reserved. Any use of the marks without expressed written authorization is strictly prohibited.

  1. Prohibited Use

Any use of this web site for an illegal or objectionable purpose is strictly prohibited. User agrees that it will not use this web site to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; and or (v) activities that infringe upon any legally protected property right, etc. By using this web site, user agrees that any and all information transmitted to or with the use of this web site cannot and shall not be deemed confidential or proprietary. HEDGREN CREATIONS N.V. reserves the right to monitor transmissions and investigate any alleged prohibited use of this web site and to disclose any and all information relating to such prohibited use. HEDGREN CREATIONS N.V., its officers, directors, affiliates, employees, agents, partners, subsidiaries and or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual’s illegal or prohibited use of this web site. Any violation of this or any other section contained herein may result in termination of service and or any other action HEDGREN CREATIONS N.V. determines appropriate under the circumstances.

  1. Third Party Relationships

This web site may contain several links to other sites. These links are provided merely to assist the user. These sites are independent of HEDGREN CREATIONS N.V.’s site and HEDGREN CREATIONS N.V. does not and cannot control the content and or representations of such sites. The information presented on these links may not necessarily reflect those beliefs held by HEDGREN CREATIONS N.V.. The inclusion of a link does not mean that HEDGREN CREATIONS N.V. accepts or endorses any of the content contained in such site. The user is responsible to protect himself/herself while associating with the linked site. HEDGREN CREATIONS N.V., and it’s officers, directors, affiliates, employees, agents, partners, contractors and subsidiaries disclaim any and all responsibility/ liability for content contained on such linked sites and will not be held accountable for any damages, of any kind, incurred by those who visit such sites.

  1. Modifications

This web site may contain typographical errors or technical inaccuracies. HEDGREN CREATIONS N.V. reserves the right to modify the content of this web site at any time without prior notice. HEDGREN CREATIONS N.V.’s failure to enforce any section of these terms of use shall not be construed as a waiver of such provision. HEDGREN CREATIONS N.V. may revise these terms of use for its web site at any time without notice. By using this web site the Customer is agreeing to be bound by the Terms of Use applicable at the time the order the Customer is submitting is accepted by HEDGREN CREATIONS N.V.. Before the Customer submits an order, he will be required to confirm that he has read and accepted these sale terms. Therefore, prior to submitting an order, it is highly suggested that the Customer should save a copy of these Terms of Use.

  1. Severability

If one or more of the provisions contained in these terms of use are held to be unenforceable under applicable law, such provision shall be appropriately limited in its scope. If any such limitation is not feasible, such provision shall be excluded from these terms of use and the balance of these terms of use shall be enforceable.

  1. Warranties & Limitation of Liability

HEDGREN CREATIONS N.V. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL HEDGREN CREATIONS N.V. BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNATIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO OR ARRISING FROM THIS WEBSITE WHETHER OR NOT EITHER PARTY HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED.

  1. Force Majeure

Notwithstanding any other provision set forth in these terms of use, HEDGREN CREATIONS N.V. shall not be liable for any failure or delay in its performance due to any cause beyond HEDGREN CREATIONS N.V.’s reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that HEDGREN CREATIONS N.V. shall use its commercially reasonable efforts to correct promptly such failure or delay in performance to the extent consistent with then applicable law and regulatory requirements and appropriate in light of then existing circumstances.

  1. Indemnification

User hereby agrees to indemnify, defend, and hold harmless, HEDGREN CREATIONS N.V., its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners and subsidiaries from and against all claims, actions, suits, demands, costs and damages (including reasonable attorney’s fees) asserted by any third party as a result of user’s use of this web site. HEDGREN CREATIONS N.V. has the right to control any defense pertaining to this section.

  1. Relationship

Nothing in this Agreement is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between the parties, and neither party shall have the right or authority to act for or on behalf of the other Party.

  1. Contract Formation

Once an order is submitted, it is deemed that the customer has agreed to, and is bound by, the terms of use herein described by HEDGREN CREATIONS N.V. The contract between HEDGREN CREATIONS N.V. and the Customer will only be concluded after acceptance by HEDGREN CREATIONS N.V. of the order submitted.That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to the Customer at the time HEDGREN CREATIONS N.V. sends the e-mail of confirmation to the customer that the product is available and has been shipped. This confirmation will be sent at the e-mail address the latter has entered during the ordering process (whether the Customer receives that e-mail or not). For the avoidance of doubt, any such contract will be deemed to have been concluded in Belgium. HEDGREN CREATIONS N.V. may, at its discretion, refuse to accept an order for any reason including the fact:

  • That the product is no longer available on its E-Store website
  • There is an error relating to the price or the description of the product on the E-Store website
  • There is an error or a lack of precision in the information provided by the Customer in the submitted order

Specifically regarding product availability, the inclusion of any product on the E-Store website, does not guarantee that this product will be available at the time the order is submitted.

  1. Prices/Shipment Charges

HEDGREN CREATIONS N.V. reserves the right to modify the price of the products at any time. The prices applicable will be those in effect at the time of acceptance of an order.. All prices will be denominated in euro and will include VAT. Prices quoted in the E-Store are exclusive of shipping charges. The amount of the shipping charges does not depend on the volume of products ordered, but on the total order value or any campaigns applicable.

  1. Payment

The available payment methods depend on the country from which the order is placed. The available payment methods are displayed in the E-Store. The following payment method is always allowed:

▪ credit card (VISA or MasterCard)

If a payment term has been agreed by HEDGREN CREATIONS N.V., the Customer will be in default by the mere expiration of that term. Payment terms may be agreed in writing only on the conditions stipulated at that time.

If a credit card is selected as payment method, the conditions of the relevant credit card issuer will apply. HEDGREN CREATIONS N.V. is not a party to the relationship between the Customer and the credit card issuer.

The Customer will pay all reasonable judicial and extrajudicial expenses of any nature whatsoever, including collection costs, that HEDGREN CREATIONS N.V. will incur due to the Customer’s failure to fulfil his or her (payment) obligations.

  1. Delivery

Currently HEDGREN CREATIONS N.V.delivers to customers who have an address in Australia, Austria, Belgium, Croatia, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Italy, Ireland, Luxembourg, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, The Netherlands, United Kingdom (UK) & the United States. HEDGREN CREATIONS N.V. will ship, or have a third party ship, orders that have been accepted by order of receipt as quickly as possible.If delivery cannot be made within the average term or cannot be made at all, the contract is only concluded after HEDGREN CREATIONS N.V. has checked the availability of the product. HEDGREN CREATIONS N.V. will not be liable for any loss whatsoever due to a quoted delivery term being exceeded. Unless a longer delivery term is agreed, HEDGREN CREATIONS N.V. will fulfil the order within 30 days. If the order cannot be fulfilled within 30 days, HEDGREN CREATIONS N.V. will inform the Customer accordingly, and the Customer will have the right to cancel the agreement at no cost. Once the order leaves our warehouse an automated e-mail will be sent by UPS to the Customer’s e-mail. In this e-mail the Customer will find the determined delivery date and the tracking number.

  1. Returns/Right of Withdrawal

The Customer will be obliged to inspect the products (or have them inspected) immediately after receipt. With regard to products purchased from the E-Store, the Customer has the right to cancel the purchase without giving any reason within 14 business days of delivery of the product in question provided that the products have not been used or damaged and with due observance of the following condition: Original tags may not have been removed. As soon as a product is delivered to the Customer, it becomes his property and the Customer is responsible for any loss or damage that could occur to it thereafter.

Without prejudice to the Customer’s statutory rights the Customer will return the item upon cancellation of the purchase using the attached return document and will then be reimbursed. The Customer will inform HEDGREN CREATIONS N.V. of his or her decision to cancel the purchase within the strict time limit of 14 days of delivery by sending by e-mail at the address E-Store@hedgren.com or by registered letter at the address HEDGREN CREATIONS N.V., Herman de Nayerstraat 6, 2550 Kontich, Belgium. After the sending of his/her decision to cancel the purchase by e-mail or registered letter, the Customer has the obligation to return the product without undue delay within the 14 business days. The return shipping costs are at the expense of HEDGREN CREATIONS N.V. if the Customer has residency in Belgium, France, Germany, Luxembourg or the Netherlands and the order amount was €69 or more or the UPS Access Points shipment method was chosen. The return shipping costs will be at the Customer’s expense in all other cases. If the Customer has exercised his or her Right of Withdrawal described in the previous paragraph, HEDGREN CREATIONS N.V. will refund the amount paid by the Customer within 21 days after receiving the return.

  1. Disclaimer

To the fullest extent permitted at law, Hedgren Creations NV is providing this website and its contents on an “as is” basis and makes no representations or warranties of any kind, express or implied, with respect to this website or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, Hedgren Creations NV does not represent or warrant that the information accessible via this website is accurate, complete or current. Price and availability information is subject to change without notice. Hedgren creations NV assumes no responsibility whatsoever for any links to the internet or other third party websites from its website. Once you activate these links you will leave this website and Hedgren Creations NV will not be responsible, or liable, for the content of any other websites on the internet to which you may visit from its site.

  1. Governing Law

These terms of use shall be governed by, construed, and enforced in accordance with the laws of Belgium, without regard to any choice of law principles.

  1. Jurisdiction

User hereby agrees and irrevocably consents to submit to the exclusive jurisdiction and venue of the courts of Antwerp, Belgium for any and all claims arising from the use of this web site.

  1. Entire Agreement

These terms of use constitute the full and entire understanding and agreement between the parties pertaining to the subject matter and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to the subject matter.

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