TERMS OF USE
1. Introduction
The website, formally known as www.hemetrading.com, is operated by HEMETRADING. The terms “we”, “us”, and “our” refer to HEMETRADING. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access the website, use any of our website’s services or place an order on the website.
2. Use of our Website
You agree to use our website for legitimate purposes and not for any illegal or unauthorized purposes, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your country, state or province of residence and are legally capable of entering into a binding contract.
You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with the website’s network or security features or to gain unauthorized system access.
You agree to provide accurate information, such as email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize HEMETRADING to collect and use the aforementioned information to contact you in accordance with our Privacy Policy.
3. General Conditions
HEMETRADING reserves the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. Additional rules or limits may be imposed on the use of the website. You agree to review the Terms regularly and your continued access or use of the website will mean that you agree to any changes.
You agree that HEMETRADING will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.
4. Products or Services
All purchases through the website are subject to product availability. HEMETRADING is not the owner of any stock offered offered on the website, only acting as intermediary between buyer and seller, and not liable for delivery of purchased stock. HEMETRADING makes every effort to ensure that the transaction between buyer and seller is completed. HEMETRADING may, without prior consultation, limit or cancel the quantities offered on the website or limit the sales of products or services to any company, geographic region or jurisdiction. Prices for products offered via the website are quoted in EUR (€). HEMETRADING reserves the right, in sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. In case of suspected irregularities HEMETRADING will be entitled to cancel the order. HEMETRADING makes every effort to ensure that information regarding product/stock at the website is correct.
5. Use Comments, Feedback, and Other Submissions
You acknowledge that in case you are a provider and upload product/stock information, you are responsible for the information distributed through the website. You agree that any content submitted by you in response to a request by HEMETRADING for a specific submission may be edited, or modified by HEMETRADING. You will be solely liable for the accuracy of any content that you upload. HEMETRADING has no responsibility and assumes no liability for any content posted by you or any third-party.
HEMETRADING reserves the right to terminate your ability to upload on the website and to remove and/or delete any content that is deemed objectionable.
6. Errors and Omissions
Please note that the website may contain typographical errors or inaccuracies and may not be complete or current. HEMETRADING reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, location, promotion and availability. HEMETRADING reserves the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.
7. Disclaimer and Limitation of Liability
You assume all responsibility and risk with respect to your use of the website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via the website, including without limitation, all content and materials, and functions and services provided on the website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose.
HEMETRADING does not warrant that the website, or its functioning, or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that the website or the servers that make our website available are free of viruses or other harmful components.
The use of the website is at your sole risk and you assume full responsibility for any costs associated with your use of the website. HEMETRADING will not be liable for any damages of any kind related to the use of the website.
In no event will HEMETRADING, or HEMETRADING's affiliates, or their respective content or service providers, or any of their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, the website or the content or material or functionality through the website, even if HEMETRADING is advised of the possibility of such damages.
Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and HEMETRADING's liability will be limited to the maximum extent permitted by law.
8. Entire Agreement
The Terms and any documents expressly referred to in them represent the entire agreement between you and HEMETRADING in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and HEMETRADING, whether oral or in writing. Both you and HEMETRDING acknowledge that, in entering into these Terms, neither you nor HEMETRADING have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and HEMETRADING prior to such Terms, except as expressly stated in the Terms.
9. Waiver
HEMETRADING's failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by HEMETRADING of any default will not constitute a waiver of any subsequent default. No waiver by HEMETRADING is effective unless it is communicated to you in writing.
10. Severability
If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
11. Governing Law
Any disputes arising out of or relating to the Terms, use of the website, or services offered on the website will be resolved in accordance with Dutch law.