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GENERAL TERMS AND CONDITIONS

1 DEFINITIONS

Customer(s): the natural person(s) or legal entity(ies) that offers or orders services to Mijnverhuis. com, in particular to arrange a connection for telephony, internet, digital television and other services, as well as the natural person(s) or legal entity(ies) who leave(s) their contact details on the website in order to be contacted by Mijnverhuis.com to arrange telephony, internet, digital television and other services.

Service provider: the service provider who offers internet, telephony, digital television and other services and who makes these available via Mijnverhuis.com for the performance of services on behalf of a customer or who offers his services for this purpose.

Order(s): order(s), in particular instructions to arrange connections for telephony, internet, digital television and other public services, which Mijnverhuis.com carries out at the request of a customer or user.

User: Customer(s), Service Provider(s) and other persons (intermediaries) using the website.

Service: the service offered by mijnverhuis.com via the website or otherwise, including the organisation of all kinds of services in connection with a removal.

Mijnverhuis.com: mijnverhuis.com is an Internet platform published by BVBA MIJN VERHUIS, whose registered office is located at Bellestraat 14, 8810 Lichtervelde and which is registered with the Crossroads Bank for Enterprises under number 0663.642.029.

Website: the mijnverhuis.com website is accessible via the domain name www.mijnverhuis.com and all other Mijn Verhuis BVBA websites are accessible via lower and higher level domain names linked to this domain name.

The term "parties" refers to either (i) the service provider on the one hand and the customer on the other hand, or (ii) Mijnverhuis.com on the one hand and the user on the other hand. The term "Contract" refers to the contractual relationship between the parties as set out in Article 5.

 

2 APPLICABILITY OF THESE GENERAL TERMS AND CONDITIONS

2.1 These general terms and conditions apply to all agreements, actions and legal acts between Mijnverhuis.com and the user, even if these actions or legal acts do not lead to an agreement or are not related to an agreement.

2.2 Mijnverhuis.com is entitled to unilaterally amend or supplement these general terms and conditions at any time and without prior notice.

2.3 The general terms and conditions of the user are expressly rejected.

2.4 Owing to the specific nature of a particular contract, one or more provisions of the general terms and conditions may be waived in the context of that contract.

2.5 Deviations from one or more provisions of these general terms and conditions agreed between mijnverhuis.com and the user must be expressly agreed in writing prior to the execution of the order.

3 PROVISION OF SERVICES

3.1 Mijnverhuis.com provides a platform on its website on which Clients or Users can enter their details in order to be contacted by Mijnverhuis.com for the organisation of connections relating to the internet, telephony, digital television and other services.  

Mijnverhuis.com only acts as a facilitator in this respect and cannot therefore be held liable for any acts or omissions of a Customer towards a Service Provider and vice versa through or in connection with the Website and/or the performance of the obligations that the Customer has entered into towards the Service Provider and vice versa.

3.2 Mijnverhuis.com has compiled the content of the Website with the utmost care, but cannot be held liable for any errors or imperfections or for any damage resulting from the use of this content. Mijnverhuis.com is not responsible for information provided to users via hyperlinks as a service.

service. Nor can mijnverhuis.com be held liable for any disputes between Customers and Service Providers.

3.3 However, all information relating to the content of the website concerning the users themselves, assignments, references and quotations originates from the users or service providers and is therefore their sole responsibility. Mijnverhuis.com is only an intermediary and is not responsible for assignments, quotations, invoicing, references, etc. or any other communication between users and service providers. Mijnverhuis.com is never a party to any agreement that a Customer enters into with a Service Provider (also) using the Website. Price negotiations and agreements concerning an order, as well as the resolution of disputes in connection with an order, are made directly between the Customer and the Service Provider. Mijnverhuis.com cannot verify the accuracy or truthfulness of information provided by Customers or Service Providers. As a result, mijnverhuis.com is not liable for any obligations owed by Customers to Service Providers and vice versa, including, but not limited to, the fulfilment of any payment obligations and the correct and timely execution of the order or service. Nor can mijnverhuis.com be held liable for any disputes between Customers and Service Providers. 

4 USE OF THE SERVICE AND PROVISION OF INFORMATION

4.1 The User warrants that all information left by the User on the Website, including but not limited to the User's name, address, VAT number, company number, e-mail address, telephone number, etc., is complete, correct and up to date, and that the User has the consent and/or instructions of the End Client to leave such information, if the User is not using the Service for itself. In addition, the user guarantees that he/she is authorised to use the service and to give the assignment, and that he/she will comply with the applicable laws and regulations regarding the offer and execution or assignment of assignments.

4.2 (Personal) data obtained by Users via the Website may only be used for the purpose for which it was provided. The data may not be processed for any other purpose. Nor is it permitted to collect personal data from users for any reason whatsoever.

4.3 The information provided by users on the website may be used by mijnverhuis.com for other purposes, including direct marketing. The user declares that he/she gives his/her express consent to this or has the express consent of the holder of the personal data.

 

5 CONTRACTUAL RELATIONS

The contractual relationship between the parties is governed exclusively by :  

  • these GENERAL TERMS AND CONDITIONS;

·         Mijnverhuis.com Cookie Statement. You can download a copy of this Cookie Statement at the following page: http://www.mijnverhuis.com/Home/cookie-verklaring

 The aforementioned Legal Notice, Privacy Statement and Cookie Statement form an integral part of these General Terms and Conditions. By accepting these GENERAL TERMS AND CONDITIONS, the user also accepts the content of the legal notice. In the event of any contradiction between these General Terms and Conditions and the Legal Notice, the latter shall prevail.

These GENERAL TERMS AND CONDITIONS of the Website may be amended by Mijnverhuis.com without prior notice. Consequently, the user must consult these GENERAL CONDITIONS again each time the website is used. The terms and conditions published at the time of use of the website shall govern the agreement.

6 COMMUNICATION

6.1 All communication between Mijnverhuis.com and the user may take place electronically, unless the GENERAL TERMS AND CONDITIONS and/or the agreement and/or the law provide otherwise.

6.2 The user agrees to make his contact details available for all communications from Mijnverhuis.com for the purpose of providing the service as described in these GENERAL CONDITIONS. In addition, the user or customer agrees that his/her details may be used for marketing purposes, offers, new products or services from mijnverhuis.com or its partners.

7 LIABILITY

7.1 Mijnverhuis.com shall not be liable to the User or to the Service Provider, irrespective of the name of the Service Provider, for any damage incurred in the performance of its duties, unless this is due to intent or gross negligence on the part of Mijnverhuis.com.

7.2 In any event, Mijnverhuis.com cannot be held liable for failure to fulfil its contractual obligations in the event of fortuitous events or force majeure. Cases of force majeure include, but are not limited to, national or local emergencies, acts or omissions of public authorities, actions of employees (including strikes and lockouts), bugs in third-party software, malfunctions in the (tele)communication network and acts or omissions of third parties beyond the reasonable control of Mijnverhuis.com.

7.3 Mijnverhuis.com is never liable for indirect damage of a user or third party, including consequential damage, loss of turnover or profit, loss of data and immaterial damage, related to or arising from the agreement or the use of the services.

7.4 Mijnverhuis.com offers the information it places on the website without any explicit or tacit guarantee, undertaking or indemnity of any kind, including, but not limited to, the exclusion of any guarantee concerning the right to (property) rights, sufficient quality, suitability for a particular purpose and non-infringement of property rights or the rights of third parties. In particular, Mijnverhuis.com does not guarantee that the information on the website is correct, complete, appropriate, up-to-date and not illegal, that the website will function without interruption, that it will be free of viruses, Trojan horses and other errors and/or defects and that any defects will be remedied and that third parties will not make illegal use of the website and/or the systems of Mijnverhuis.com.

7.5 Mijnverhuis.com has the right to (temporarily) shut down the Website or restrict its use if this is necessary for the maintenance or modification of the Website, without this resulting in any claim for compensation against Mijnverhuis.com.

7.6 The user indemnifies Mijnverhuis.com against all claims by third parties, for whatever reason, for compensation for damages, costs or interest, related to or arising from the agreement or the provision or use of the services.

7.7 Mijnverhuis.com will never be liable for any complaints regarding the performance of the assignment by the service provider, and the service provider will indemnify Mijnverhuis.com against any claims in this respect.

8 NON-WAIVER AND NULLITY

If Mijnverhuis.com decides at any time not to invoke any of the provisions of these GENERAL TERMS AND CONDITIONS or the legal notices and information, this shall not constitute a definitive waiver of such provisions.

If any provision of these GENERAL CONDITIONS is invalid or unenforceable, the other provisions shall remain in full force and effect.

9 OTHER PROVISIONS

9.1 The user may not transfer the agreement with Mijnverhuis.com, in whole or in part, or any rights or obligations arising therefrom to a third party, without the express prior written consent of Mijnverhuis.com.

9.2 All website content and the compilation of website content, such as text, photos, logos, icons, films and audio clips, digital downloads and software are the property of Mijnverhuis.com and are protected by intellectual property rights, including copyright, design rights and trademark rights. They may not be reproduced in whole or in part without the express permission of Mijnverhuis.com.

10 APPLICABLE LAW AND JURISDICTION

The contractual relationship between the Parties is governed exclusively by current Belgian law.

 

The Belgian courts have exclusive jurisdiction. The courts of the judicial district of Ghent, Kortrijk division, are territorially competent to hear all possible disputes between the Parties, unless there is a mandatory legal provision to the contrary. Notwithstanding the aforementioned jurisdiction, Mijnverhuis.com may also, at its sole discretion, decide to bring an action before one of the competent courts in accordance with Article 624 Ger. W.

© 2016, BV ovv Bright Lawyers (www.bright.legal). Legal texts are also subject to copyright, so it is prohibited to reproduce or communicate them to the public in part or in full without the author's permission. 

 

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