Home Entertainment Services (« HES ») SA, with the response number 1070 – 99, 107 Anderlecht Mail-Belgium as it’s address, will use all efforts to provide it’s clients with high quality rental services. HES SA appreciates the confidence you put in our rental services via the website www.dvdpost.be, (the « site ») and will try it’s best to respond to your wishes. It’s important that you are closely informed of the expectations you can have from us and inversely. The following Terms and Conditions will provide you with an exact view on your legal situation every time you enter our site and rent DVDs.

By accessing the site DVDPost.be, you agree to comply with the following Terms and Conditions. These conditions bound the contacts between HES SA and it’s clients when these last named rent DVDs from HES SA, even when the order wasn’t passed in writing. HES SA is never bound to the client’s general of specific conditions, unless when expressly agreed on in writing.

Article 1 – Movies made available on the site DVDPost.be by HES SA.
The movies that can be rented on DVD, via the site DVDPost.be, are described as accurately as possible. The promotions and prices of the rentals that are indicated on the site are valid on the consultation date or for the duration mentioned on the site. The prices include VAT.

The availability of the movies proposed to you on the site is limited by the supply of DVDs. HES SA uses all efforts to make sure the DVDs you ordered are available. However, it is possible that one ore more titles are no longer available. HES SA will inform you when these DVD are back in supply. HES SA cannot be held liable for inconveniences due to the unavailability of a DVD.

Article 2 – Conclusion of a contract with HES SA
You have concluded a contract with HES SA from the moment DVDPost.be confirms the registration of your membership to you.

The registration to one of the membership formulas that HES SA offers you together with the choice of a payment by direct debit is also a way of concluding a contract. The client can then be charged for the amount of the membership he has subscribed to.

Article 3- Termination of the contract with HES SA
The contact can be terminated at any time by the client, without costs, accordingly to the following conditions. The termination is only valid when it’s announced by the client per telephone on 02/736.63.43, from Monday to Friday (except holidays) between 9h00 and 17h00. Only when the client can prove the impossibility to cancel the contract by telephone, a termination in writing will be taken into consideration.
The termination doesn’t require a notice and immediately takes place. The sendings stop as soon as the membership is terminated.
The termination of the membership leads to the loss of eventual remaining rental credits.
However, the possibility to cancel your membership at any time without extra costs only applies after the payment of your first membership month. This means that all memberships paid for by direct debit cannot be cancelled before the payment of the first month.

The contract is tacitly renewable if the client doesn’t inform us in time, via the site, about his wish to resign his contact or if the client keeps rented DVDs in his possession after the termination of the contract. To keep the contract from being renewed automatically, the client has to resign the contract the workday before the renewal date of the membership at the latest, before 17h. For example, if the renewal date – that is indicated on the site – is the 3rd of October 2005, the contract has to be resigned on the 2nd of October 2005 (and not on the 3rd of October) at the latest or on the last workday before this date if it falls in a weekend or on a holiday.

Article 4 – Intellectual property rights
The client is bound to respect the intellectual property rights inherent to the rented films, in accordance with the applicable legislation, and is granted a usage right that it strictly private and limited to the use of the rented movie in the family circle of the client.
HES SA cannot be held liable in case of disrespect of the intellectual property rights by it’s clients.

Article 5 – Delivery and return of the DVDs
The DVDs are delivered at the address indicated in your profile on the site as your delivery address.

At present, the registrations on www.DVDPost.be are limited to DVD deliveries in Belgium (For Luxembourg, France and The Netherlands, we invite you to consult our sites www.dvdpost.lu, www.dvdpost.fr and www.dvdpost.nl).

In a constant attempt to provide the best possible service to all the clients who use one of our unlimited formulas, HES SA reserves the right to limit the number of DVDs that are shipped each month to customers who rent considerably beyond the average. If you wish to know more about your current formula, please contact our customer service.

HES SA reserves the right to send different ordered DVDs in one package to it’s clients, as well as promotional folders for other advertisers, respecting however the provisions of the law of 8 December 1992, in the context of the collection and manipulation of personal data, which is referred to in the following article 12.

HES SA uses all efforts to make sure it’s clients receive their ordered DVDs as soon as possible. Nevertheless, the delivery periods are only mentioned for your information and HES SA cannot be held liable of possible delays. HES SA reserves the right to interrupt de sending of DVDs to a client when the sending is not possible for reasons that are independent of HES SA.

The postage of the DVDs to our clients is part of the liability HES SA. The return of the DVDs to HES SA, on the other hand, is entirely up to the client. The sending and returning of the DVDs to HES SA happens by post and is free of charge, if the return mode HES SA offers you, this means the usage of prepaid envelopes provided by the last named, is respected. However, if the client uses an other solution for the sending/returning (other delivery man, other envelope), the sending will happen at his own costs.

In case of damage, disappearance, robbery or loss of a DVD, the client is bound to warn the HES customer service, using the site of per telephone. If a DVD isn’t returned by a client, and if he didn’t warn HES SA about an abnormality as to the return of this DVD, the client is bound to compensate HES SA for the replacement costs, i.e. 25 EUR, vat included, per DVD, and accepts beyond recall that the amount of the DVD’s is charged to him using his credit card or direct debit.

Article 6 - Payment
The charged amounts can be paid for by credit card or by direct debit. If you use a direct debit, the transfers are made automatically, based on the financial information you gave us. If the payment isn’t accepted by the financial institution of one of our clients, HES SA reserves the right to immediately terminate the contract and to take, on the costs of the client, the necessary steps to recover the amounts that have to be paid for.

In case of non-payment by credit card or in case of refusal of the payment by direct debit, HES SA reserves the right to cancel the current membership of the client, without notice and with immediate entry, irrespective of the number of days that are possibly paid for. The amount of the current month is due to be paid from the moment a DVD leaves or logistic center in that month.

The non-payment at the renewal date will, automatically and without a notice to pay or perform, lead to the payment of the owed amount, plus the payment of penal indemnity of 15% of the owed amount, with a minimum of 50 €, and a late fee of 12% a year.

All the costs related to the recovery of the unpaid bills can entirely be charged to the client.

HES SA reserves the right to change it’s prices in case of fluctuations of the elements that determine the calculation of the prices, provided that the clients are warned. In this case, the current memberships will keep their original price and the changes will only take effect starting from the monthly payment of the month after the modification of the membership prices.

Article 7 - Modification of the membership formula
In case of an upgrade, i.e. a transfer to a superior membership, or a downgrade, i.e. a transfer to an inferior membership, the modification of the membership formula only takes effect at the next renewal.
In case of unused credit(s) during one or more months, the credits will automatically be passed on to the next month.

Article 8 - Usage by the client
Every abuse of the online DVD rental system is punishable. The notion « abuse » is defined as every action taken on the website that exceeds the normal use of a “prudent man” of the online DVD rental system. Between these abuses figure (non-exhaustively) the creation of different accounts on the site to get multiple promotions and false declarations of non-reception or illegibility of DVDs.

The client is bound to only use the rented DVDs in a normal way like a “prudent man” would do. This means that the client will use a well functioning DVD-player and that he will protect the DVDs from humidity, scratches and any other element that could damage the DVDs.

HES SA reserves the right to claim compensations, considering interests and document costs mentioned in following article 6, that will be calculated as 25 euros (without VAT) per DVD.

Every complaint lodged on the site by a client about a sending, a delay, a damaged or illegible DVD, or every other complaint relating to the operation of our services has to be based on real facts and can be used for legal purposes. HES SA reserves the right to control these complaints to establish their veracity.

Article 9 – Usage of the promotional codes
The promotions offered by DVDPost or via it’s partners cannot be combined and only one promotion per family is admitted, unless expressly mentioned on the promotion. The promotions are trials that are only valid at the activation of a new membership. Your promotional code has to be entered when you activate your membership to be taken in consideration.

Article 10 - Force Majeure
HES SA cannot be held liable for delays or failures in the execution of a contract when this delays or failures are the consequence of unpredictable facts or conditions outside and independent of it’s own will, like, without limitations, war, invasion, mobilisation, confiscation, embargo, rebellion, revolution, insurrection, civil war, natural disasters or strikes.

The parties recognise that viruses or other errors due to non-authorised access to the site also have to be considered as cases of force majeure.

Article 11 – Exclusion and limitation of liability
HES SA does not guarantee that the site will never be interrupted. HES SA is not liable for communication failures, errors or problems, nor for sending problems relating to transmissions, messages or entries. HES SA cannot be held liable for accidents, losses or damages caused to the client’s computer.

HES SA reserves the right to change, correct and/or improve the site and the services described on the site. HES SA is not liable for and does not give any warranty, neither explicitly nor implicitly, about the contents of the films represented on the site.

HES SA cannot be held liable of any damage resulting from the usage of it’s site and/or it’s DVDs, included but not exhaustively, direct and indirect damage, except damage resulting from it’s own deceit or willful misconduct.

Article 12 – Applicable law and competent jurisdiction
The Belgian right is applicable.
Only the courts of the judiciary district of Brussels are competent.

Article 13 – Protection of the personal details
HES SA respects the privacy of the users of it’s site, in accordance with the provisions of the law of 8 December 1992 in the context of the privacy. When the client transfers personal details to HES SA, he acepts that these details will be treated by HES SA for the following purposes :
- implementing the contract;
- managing the clients database;
- informing it’s clients about services and interesting products ;
- executing marketing activities.

These details can be consulted by the employees of HES SA and given to third parties for marketing purposes.

The client can consult his personal details treated by HES SA and demand a rectification. He can also, on his demand and without any costs, oppose to the treatment of his personal details for marketing purposes.

The client also accepts that HES SA knows the password that he uses to access the site.