Vendor terms and conditions

    Courtesy translation: only the French version is legally binding.

    General terms and conditions for Vendors

    Article 1. PURPOSE

    1. These general terms and conditions of sale define the rights and obligations of WEWED SRL (hereinafter "WEWED"), BCE No. 1033.891.623, and of the professional service providers listed on the WEWED platform (hereinafter the "Vendor") (hereinafter together "the Parties" or individually a "Party").

    2. Every Vendor acknowledges having had actual knowledge of these general terms and conditions and of their content before taking out its subscription. It further acknowledges being aware that these general terms and conditions are also published on the WEWED website. These general terms and conditions are deemed accepted by the Vendor upon taking out a subscription, which entails full and complete acceptance of them. The Vendor acknowledges that WEWED has reminded it of the existence and content of Article 5.23 of Book V of the Civil Code.

    Article 2. TAKING OUT A SUBSCRIPTION

    3. The Vendor takes out a subscription giving it access to the services offered by WEWED, in accordance with the terms set out in the service contract concluded between the Parties, which specifies in particular the term of the subscription and the applicable financial conditions. The term of the subscription is equal to the billing period subscribed: three (3) months for a quarterly subscription, twelve (12) months for an annual subscription.

    4. The subscription gives entitlement to access to the WEWED platform, to online visibility and to a matchmaking tool. The Vendor acknowledges that these services are provided without any guarantee of results, volume of contacts or turnover.

    5. In the event of total or partial non-payment of an invoice by its due date, the Vendor shall owe, automatically and without prior formal notice:

    • late-payment interest in accordance with the Act of 2 August 2002 on combating late payment in commercial transactions,
    • a fixed administrative compensation equal to 10% of the unpaid amount, with a minimum of 100 euros, without prejudice to WEWED's right to claim additional compensation for the damage actually suffered.

    In addition, after a formal notice that remains without effect, WEWED reserves the right to suspend or delete the Vendor's access to the platform, without such suspension giving rise to any compensation whatsoever for the Vendor.

    Article 3. TERMINATION OF THE SUBSCRIPTION

    6. Termination by the Vendor: The Vendor may terminate the subscription at the end of the subscribed period (three (3) months for a quarterly subscription, twelve (12) months for an annual subscription) subject to four (4) weeks' notice given in writing. Unless terminated by notice given no later than 4 (four) weeks before its expiry, the contract will be automatically renewed for a further term equal to the subscribed period.

    Termination takes effect on expiry of the notice period.

    Sums already paid for the subscription remain definitively acquired by WEWED, which owes no full or partial refund.

    7. Termination by WEWED

    WEWED may terminate the subscription with the Vendor, subject to eight (8) weeks' notice given in writing, in the event of:

    • a serious breach of contract;
    • provision of false, misleading or incomplete information;
    • conduct harming the image, proper functioning or security of the platform;
    • failure to comply with the legal or regulatory obligations applicable to the Vendor.

    Termination entails the immediate end of the right of access to the platform.

    The rights granted to WEWED over the content supplied by the Vendor remain valid for the purposes of archiving, evidence and compliance with legal obligations.

    Article 4. LIABILITY

    The Vendor acknowledges that WEWED acts exclusively as a provider of digital services making available a platform for visibility and matchmaking.

    WEWED does not intervene at any stage in the negotiation, conclusion or performance of the contracts concluded between the Vendor and the users of the platform.

    WEWED is neither the authorised representative, nor the broker, nor the commercial agent of the Vendor.

    Consequently, WEWED can under no circumstances be held liable for:

    • the improper performance or non-performance of a contract concluded between the Vendor and a user;
    • disputes, claims or damage resulting from this relationship;
    • financial losses, loss of opportunity, loss of revenue or indirect damage suffered by the Vendor.

    WEWED does not guarantee continuous and uninterrupted access to the platform. The Vendor acknowledges that temporary interruptions may occur, in particular for maintenance or updates or in the event of force majeure, without WEWED incurring any liability.

    Article 5. CONFIDENTIAL INFORMATION

    Non-public information of a technical, commercial, financial or professional nature exchanged between WEWED and the Vendor in the course of their contractual relationship is considered confidential (the "Confidential Information").

    The Parties undertake to:

    • use the Confidential Information exclusively for the purposes of performing the contractual relationship;
    • not disclose this Confidential Information to third parties without prior written authorisation, except where required by law;
    • take reasonable measures to preserve its confidentiality.

    8. The confidentiality obligations do not apply to information:

    • already known to the receiving Party without any obligation of confidentiality;
    • lawfully obtained from a third party;
    • that has entered the public domain without breach of these terms and conditions.

    Article 6. PROCESSING OF PERSONAL DATA (GDPR)

    9. WEWED acts as controller for the personal data processed in the course of managing the platform, the contractual relationship with the Vendor and communications within the platform.

    The Vendor acts as an independent controller for the personal data it receives directly from users in the course of its professional activities.

    WEWED processes personal data on the basis of the performance of the contract, compliance with its legal obligations and its legitimate interest.

    Data subjects may exercise their rights with WEWED at the following email address: info@wedinger.com

    The Vendor warrants that it complies with all applicable data protection regulations and that it alone bears all liability relating to the processing it carries out.

    Article 7. INTELLECTUAL PROPERTY

    10. All elements making up the platform, in particular the software, source code, databases, structures, interfaces, texts, graphics, logos, trademarks, domain names and editorial content, are the exclusive property of WEWED or its licensors and are protected by the intellectual property rights in force.

    11. The Vendor retains all intellectual property rights to the content it posts online. It grants WEWED, free of charge and worldwide, a non-exclusive licence allowing the reproduction, representation, adaptation and communication to the public of this content, strictly for the purposes of operating and promoting the platform.

    12. WEWED grants the Vendor, for the term of its subscription, a personal, non-exclusive, non-assignable and non-transferable licence to use the platform, strictly limited to the needs of its professional activity and to the features provided for in its subscription.

    13. The Vendor is strictly prohibited from any reproduction, extraction, reuse or exploitation, in whole or in part, of the platform or its databases, by any means whatsoever, without the prior written authorisation of WEWED. Any use not expressly authorised is prohibited.

    Article 8. NO RIGHT OF WITHDRAWAL

    14. The Vendor acknowledges contracting with WEWED exclusively in the course of its professional activity. Accordingly, no right of withdrawal applies to the subscription taken out by the Vendor.

    Article 9. COMPLAINTS

    15. In the event of non-conformity between the terms of the subscription and access to the WEWED platform, the Vendor may submit a complaint by email or registered letter within ten working days following the taking out of the subscription. After this period, access to the platform is presumed to conform to what is described in the subscription.

    Article 10. DISPUTES AND GOVERNING LAW

    16. Any dispute relating to the interpretation or performance of the contractual obligations arising from the relationship between WEWED and the Vendor falls within the exclusive jurisdiction of the courts of the judicial district of Charleroi. The Parties confirm, however, that an amicable settlement of the dispute will be preferred before any legal proceedings are brought.

    17. The nullity of an article of this agreement, or of part of an article, does not entail the nullity of the entire agreement. If an article is wholly or partly void, it will be replaced by a valid article that comes as close as possible, in its legal and economic effects, to the void clause, so that the Parties may be presumed to have contracted on those terms.