Home Entertainment Services (hereafter HES) SA, address : Post box number 1070 - 99, 107 Anderlecht Mail-Belgium, does its utmost to deliver an outstanding rental service to its customers. HES SA. values the trust you place in its services via the use of its website www.dvdpost.be (here after the 'site') and is continuously looking for ways to improve on them. It is important that you are informed about the expectations you may have when using the HES SA services and vice versa. The terms and conditions below will allow you to understand your legal position every time you visit and use our site for rental purposes.
Note that if you are interested in buying a dvd or Blu-ray, similar terms and conditions apply.

By using the DVDPost.be site, you are agreeing to comply with the terms and conditions below. These conditions rule the relations between HES SA and its customers when renting via HES SA, even when the order is not in writing. The personal and general terms and conditions expressed by the customer do not commit HES SA in any way.

Article 1 – Films proposed on the DVDPost.be site by HES SA.
The movies you can rent or buy in dvd/Blu-ray format via DVDPost.be are being described in good faith and as truthful as possible. The prices for the rentals are listed on the site and are valid on the day of consultation or for the period mentioned on the site. The prices include VAT. The selection of movies is available for as long they are in stock. HES SA will do its utmost to make sure your chosen rentals are available. Unfortunately, it is possible that one or more movies are not, in that case HES Plc. can under no circumstance be held responsible for the inconvenience.
Should you not receive any dvd/Blu-ray from you wishlist within 48h after its completion on our site (list should contain a minimum of 10 titles) you are entitled to a free rental including free postage and/or handling costs. (cf. infra)

Article 2 – Entering a contract agreement with HES SA
You enter a contract agreement with HES SA as of :

- the confirmation of a subscription by DVDPost.be
- the confirmation of your membership request by DVDPost.be
- the subscription to one of the HES SA rental formulas allowing payment via direct debet. In such case, you will be charged with the amount relative to the subscribed rental formula.

Article 3- End of contract with HES Plc.
The contract may be canceled at any given time by the customer, without costs, bearing the following conditions. The cancellation is only valid if it is done by the customer him/herself via phone : 0800/95 990, Monday through Friday ( except holidays) between 9AM and 5PM. Unless the customer can prove he/she cannot cancel the agreement via phone, no other written termination can be accepted. Ending the contract agreement does not require any notice period and comes into effect immediately.
The contract is tacitly renewed if the customer has not informed HES Plc. by phone that he/she wants to end the contract or if he/she is still in posession of a rental of HES SA after its due date.
To avoid the above the customer needs to cancel the contract latest one working day before the renewal date of the subscription, before 17hrs. As an example, if the renewal date on the site is 15th April 2010, the contract needs to be cancelled on 14th April 2010 ( not 15th April) or on the last working day preceding this date if it falls in a weekend or if it is a holiday.

Article 4 – Intellectual property rights
The customer must respect the intellectual property rights of the rentals, in accordance with the applicable legislation, the movies are strictly for private use ; viewing is only allowed in the privacy of one's home. HES SA cannot be held responsible if the customer does not respect the intellectual property rights.

Article 5 – Delivery and return of the dvds and Blu-rays
As a customer, we provide you the option either to have the dvds/Blu-rays delivered on your behalf by post or, alternatively, you can pick up the dvds/ Blu-rays from the HES SA premises.

5.1 Pick-up and return of the dvds/Blu-rays from the HES SA premises

In principle, dvds/blu-rays of your choice are available for pick-up from the HES SA premises (i.e. address : Petite rue du Cerf 45, 1070 Brussels) every Monday and Wednesday between 14h00 and 15h00. Dvds/Blu-rayss may to be returned in person to HES SA, every Monday and Wednesday between 9h00 and 10h00. The first day of membership, you are to inform HES SA in writing and by phone if you will pick-up your dvds/Blu-rays from the HES SA premises; this is to allow HES SA to make the necessary practical arrangements. In that case, all DVD/BLU-RAYs are to be picked up and returned in person at the HES SA premises. In case of a pick-up and return at HES SA's premises in person, no postage is due. An administrative handling fee will be charged as indicated in the pricing section of www.DVDPost.be. This fee is payable together with to the subscription fee.

At this moment, customers whose subscriptions are with www.dvdpost.be will be able to have their rentals delivered only to a Belgian address. As far as the Netherlands and Luxemburg are conerned, please consult www.dvdpost.nl and www.dvdpost.lu respectively. This choice can be altered yearly by contacting us via mail or phone.
In case the dvds or Blu-rays are lost, stolen, or damaged, the customer is responsible for informing HES Plc. via the site or by phone. If the customer fails to return a rental and has not informed HES PLc. prior to this, the customer must pay damages worth ? 25 VAT included and furthermore authorises HES Plc to deduct this amount from his/her account or credit card.

Article 6 - Payment
HES SA engages itself to be at all times transparent with respect to the amount of postal charges incurred in your name and for your account. From the DVDPost.be website - which is regularly updated - you can easily derive what part of the price you are paying relates to postal charges, handling costs, administrative costs etc. Moreover, HES SA will monitor and will at all times be able to demonstrate the actual postal charges incurred in your name and for your account. Any difference in plus between the postal charges communicated on the website and the actual charges, will be born by HES SA as a commercial loss, while any difference in min will be left as credit for HES SA's clients. HES SA reserves the right to modify its subscription fees should there be fluctuations in its cost price, prior to notifying the customer. In that case the current subscription fee will be maintained until the end of the month, the changes will apply at the beginning of a new billing cycle.

The amounts shown on the invoices are payable by credit card or by direct debet. When opting for the latter, the deduction of the due amounts will be done automatically, on the basis of the financial information provided by the customer. If this payment method is refused by the customer's bank then HES SA reserves the right to end the agreement and recuperate the amounts due at the customer's expense.
If payment via credit card or direct debet is refused, then HES SA is entitled to end the agreement, without notice to the customer and with immediate effect regardless of the amounts that might have been paid previously. The full monthly fee is due as soon as the first rental of that month, leaves the logistical warehouse or is picked-up at our premises.
If payment is not received on its due date, damages will be claimed. They will include the full principal sum as well as 15% damages on top with a minimum of 50 Euros, as well as an annual late interest of 12% (and administrative charges of 10 Euros). All costs incurred to recuperate the unpaid invoices can be imputed to the customer.

Article 7 - Modification of a subscription plan
In case of an upgrade, more rentals per given period, or a downgrade, less rentals, the modification of the subscription plan will take effect at the beginning of a new billing cycle. Should there be rental credits left, these will be transferred to the following month. Once a year, the subscription modalities may be adapted (more specifically whether the customer prefers his/her rentals sent/returned by mail or dropped-off/picked-up at our premises in person.

Article 8 - Customer use
The customer will ensure that he/she uses the rentals with due dilligence. He/she will also have a dvd or Blu-ray recorder in good working order and will protect the dvds from humidity, scratches and other elements which could deteriorate their quality.

Every abuse of the on-line rental system is sactionable. Abuse is defined as every action that cannot be viewed as " normal use " of the site or where due dilligence is not applied. Abuse is for example, but is not limited to, creating different customer accounts in order to profit from several promotional offers simultaneously, or claiming non-delivery of rentals or unreadable dvds and Blu-rays. HES SA reserves the right to claim damages, including interest and legal costs as per article 6 above. These will be calculated on the basis of ? 25 per dvd/ Blu-ray, plus VAT . All claims made by the customer on the site regarding deliveries, late deliveries, unreadable or damanged rentals or any other claim pertaining to the services HES SA provides, must rely on real facts, which should, if the need arises, be usable in a court of law. HES Plc. reserves the right to verify whether any claim is authentic.

Article 9 – Usage of promotional codes
The promotional offers introduced by DVDPost or by its partners are not cumulative and participation to only one offer per household is allowed, unless specifically mentioned otherwise. The promotional offers enable free trials only when a new subscription is activated. Every promotional code must imperatively be input when activating the subscription, otherwise it will not be valid. For free trials, article 5 applies. All due postage, paid in your name and for your account, will be taken care of by HES SA

Article 10 - Act of God
HES SA cannot be held responsible for late or defaulting contracts if those are due to circumstances beyond its control like, but not limited to , wars, invasions, mobilisations, embargos, rebellions, revolutions, insurrections, civil wars, natural catastrophies or strikes. All parties convene that a virus or other mishaps that result from illegal access to the site will be considered as an act of God.

Article 11 – Exclusion and limitation of liability
HES SA cannot guarantee that the site will not undergo interruptions. HES SA is not liable for failures, transmission failures of messages and data input, or communication problems. HES SA is not responsible for accidents, loss or damage caused to the customer's computer. HES Plc. reserves the right to modify, correct or improve the site and the services on the site. HES Plc. does not warrant or guarantee, in any way, exlicitely or implicitely, the contents of the movies on its site.

HES Plc. is not liable for any damage resulted from the usage of its site or dvds/Blu-rays, this includes any direct or indirect damages, except damages caused by its wilful misconduct.

Article 12 – Applicable law and competent jurisdiction
Belgian Law is applicable. The tribunals of the judiciary discrict of Brussels are solely competent.

Article 13 – Protection of the personal details
HES SA respects the privacy of its website users, cfr. the law of 8th December 1993 pertaining to the protection of privacy. If the customer transmits personal details to HES Plc., he/she accepts that these will be used by HES SA to :

- enter into a contract agreement
- manage the customer data base;
- inform it’s customers about services and interesting products ;
- develop marketing campaigns.

This data may be consulted by HES SA employees and passed on to third parties for marketing purposes.
The customer may consult his/her personal details and demand rectification. He/She may also oppose, upon request and freely, that these are used for marketing purposes. The customer accepts that HES Plc. has access to his/her passwords to use the site.

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

Article 14 – PROMOTIONAL ACTION "SUMMER POWER" This action starts on 01/07/2009 and ends on 21/11/2009. Final day for activation: 20/09/2009

HES SA retains the right to suspend or adjust this promotional action in case of force majeure or circumstances beyond its control. In such case, participants or any other person will not be able to claim any interest or damage.

HES SA can not be held responsible for the consequences of the wrongly copying of data provided by the participant on the form, even though if this leads to a wrong or unknown address or telephone number.

This promotional action by HES SA is reserved for new members of HES SA – DVDpost and can not be combined with other actions or promotions. Valid for every new annual subscription to DVDpost (10 months following a free period of 2 months) for the formula of 6 DVDs/month. By subscribing to this promotion, the subscriber engages in a paying formula for at least 10 months. Based on its free trial formula during the first 2 months, the subscriber will be automatically referred to the paying formula of 6 DVDs per month. At every moment, the subscriber has the possibility to increase or decrease the monthly rental rate.

In case op stopping before the assumed final date (10 months after the end of the free trial period of 2 months) the subscriber will have to pay a compensation equalling a month subscription to the paying formula (€ 19,95). The subscription will be stopped immediately, unless the subscriber still has a title belonging to DVDpost in his possession. In the latter case, the subscription will be stopped the day after DVDpost receives the item in question.