Terms & Conditions
Our Terms & Conditions are available in Dutch, French and English. In the event of any discrepancy between the different language versions, the Dutch version shall prevail.
[Nederlandstalige versie]
[Version française]
OVERVIEW
This website is operated by Hero. Throughout the site, the terms “we”, “us” and “our” refer to Hero. Hero offers this website, including all information, tools and services available from this site, to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our service and agree to be bound by these Terms & Conditions, including any additional terms, conditions and policies referenced herein or available by hyperlink. These Terms & Conditions apply to all users of the site, including without limitation browsers, customers, merchants, vendors and contributors of content.
Please read these Terms & Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.
Any new features or tools added to the current store shall also be subject to these Terms & Conditions. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our online store is hosted by Shopify Inc., which provides us with the e-commerce platform that enables us to sell our products and services to you.
1. ONLINE STORE TERMS
By agreeing to these Terms & Conditions, you confirm that you are of legal age in your country of residence, or that you have given us your consent to allow any minor dependent under your responsibility to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the service, violate any applicable laws or regulations, including copyright laws.
You must not transmit any worms, viruses or any code of a destructive nature.
Any breach or violation of these Terms & Conditions may result in the immediate termination of your access to our services.
2. GENERAL CONDITIONS
We reserve the right to refuse service to anyone, at any time, for any lawful reason.
You understand that your content (excluding payment information) may be transferred unencrypted and may involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
Payment information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, the use of the service, or access to the service, without our prior written permission.
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms & Conditions.
3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or up to date. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain historical information. Historical information is provided for reference only and is not necessarily current. We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without prior notice.
We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service, except where required by applicable law.
5. PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Refund and Returns Policy.
We make every reasonable effort to display as accurately as possible the colours and images of our products shown in the store. However, we cannot guarantee that your device’s display will accurately reflect the actual colours.
We reserve the right, but are not obliged, to limit the sale of our products or services to any person, geographic region or jurisdiction, where legally permitted. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited by law.
6. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed using the same customer account, payment method, and/or billing or shipping address.
If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address and/or phone number provided at the time the order was placed.
You agree to provide current, complete and accurate purchase and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you when necessary.
For more details, please review our Refund and Returns Policy.
7. THIRD-PARTY LINKS
Certain content, products and services available via our service may include materials from third parties.
Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products or services.
We are not liable for any harm or damages related to transactions made in connection with third-party websites. Please review the third party’s policies and practices carefully before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the relevant third party.
8. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain submissions (for example contest entries), or if without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively, “comments”), you agree that we may use, reproduce, edit, publish, distribute and translate such comments in any medium, without restriction.
We are under no obligation:
- to keep any comments confidential;
- to pay compensation for any comments; or
- to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, otherwise objectionable, or in violation of any party’s intellectual property rights or these Terms & Conditions.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that your comments will not contain unlawful, abusive or obscene material, or any malware or malicious code that could affect the operation of the service or any related website.
You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.
9. PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
10. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any such errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the site is inaccurate, at any time and without prior notice, including after you have submitted your order.
We undertake no obligation to update, amend or clarify information in the service or on any related website, except as required by applicable law.
11. PROHIBITED USES
In addition to other prohibitions set out in these Terms & Conditions, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in unlawful acts;
(c) to violate any applicable laws or regulations;
(d) to infringe our intellectual property rights or those of others;
(e) to harass, abuse, insult, harm, defame, slander, intimidate or discriminate;
(f) to submit false or misleading information;
(g) to upload or transmit malicious code or viruses;
(h) to collect or track the personal information of others without authorization;
(i) to spam, phish, scrape, crawl or otherwise misuse the site;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the service or any related website.
We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
12. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of our service will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice.
Your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are provided “as is” and “as available”, except as expressly stated by us and except where otherwise required under applicable law.
To the maximum extent permitted by applicable law, Hero and its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors shall not be liable for any indirect, incidental, punitive, special or consequential damages, including loss of profits, loss of revenue, loss of savings, loss of data or replacement costs, arising from your use of the service or any products purchased through the service.
Nothing in these Terms & Conditions excludes or limits liability where such exclusion or limitation is not permitted under applicable law.
13. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Hero, its affiliates, employees, agents, contractors, suppliers, service providers and licensors from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms & Conditions or your violation of any law or the rights of a third party.
14. SEVERABILITY
If any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms & Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
15. TERMINATION
These Terms & Conditions remain effective unless and until terminated by either you or us.
You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our services, or by ceasing to use our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination.
16. ENTIRE AGREEMENT
These Terms & Conditions, together with any policies or operating rules posted by us on this site or in relation to the service, constitute the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written.
Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.
17. GOVERNING LAW
These Terms & Conditions and any separate agreements whereby we provide you with services shall be governed by and construed in accordance with the laws of Belgium.
18. CHANGES TO THESE TERMS & CONDITIONS
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes constitutes acceptance of those changes.
19. CONTACT INFORMATION
Questions about these Terms & Conditions should be sent to: info@hero.be
