General conditions General conditions Hot Internet BVBA

1 Relevance

1. In these General Conditions we mean by: ‘Hot Internet’ Hot Internet BVBA, also acting under the trade name hotgsm.be, ‘Buyer’ every natural person or lawful person who has or will have any form of contractual relationship with Hot Internet. ‘Consumer Buyer’ every natural person or lawful person who buys or uses the products or services available on this market only for non-professional means. ‘Products’ the subject of one or more agreements. ‘Website(s)’ the following website (together or separately), which is managed by Hot Internet: www.hotgsm.be.

2. These General Conditions are applicable to all offers from Hot Internet, as well as to all agreements with Hot Internet.

3. Other than these General Conditions, any supplementary conditions, if indicated clearly, can be applicable to certain services and/or products. If there are any differences between the Supplementary Conditions and these General Conditions, then the statements from the Supplementary Conditions are to be followed over the General Conditions, unless otherwise determined.

4. One or more statements in these General Conditions can only be deviated from if there is clear written confirmation to do so. All other statements of these conditions remain applicable.

5. General Conditions that the Buyer uses are not applicable, unless Hot Internet provides an explicit written agreement for this.

6. The Websites are solely for the Belgian market. Delivery of goods only takes place in Belgium.
   

7. Hot Internet reserves the right to change and/or supplement the General Conditions at any time for future orders.

8. By using the Hot Internet Websites and/or placing an order, the Buyer accepts these General Conditions as well as all other rights and duties as mentioned on the Website.

9. Hot Internet is authorized to contact third parties when executing an agreement with the Buyer.

2. Offers and realization of agreements

1.  Offers are valid until the last working day of the month and as long as the product is available. The application (signed agreement and necessary copies) have to be received by Hot Internet at the latest on the last working day of the month.

2. An agreement is realized when an order confirmation has been handed over to the Buyer, or in case of an offer via the Website, which is sent to the Buyer per email directed to the email address indicated by the Buyer.

3. The buyer and Hot Internet explicitly agree that by using electronic communication formats, a valid agreement can be realized. Mainly the lack of a normal signature does not diminish the binding power of the offer and the acceptance thereof. The electronic files of Hot Internet are seen here, for as far as the law allows it, as evidence.

4. Information, images, oral announcements, tasks etc. concerning all offers and the most important marks of the products provided by phone or email are shown or done as accurately as possible.

3. Prices

1. All prices are shown in Euro and exclude VAT and Bebat and Recupel.

2. Special offers are only valid as long as the product is available.

3. The Buyer owes the exact price that Hot Internet has confirmed in accordance with article 2.3 of these conditions. Found (manipulation-) errors in the price offer, such as obvious faults, can also be corrected by Hot Internet after the realization of the agreement.

4. Delivery costs are clearly explained to the buyer. Concerning certain payment methods, further conditions regarding the delivery method and the forthcoming costs are applicable. This is clearly explained to the Buyer.

4. Payment

1. With the orders via the Website, payments can be executed per the following: o Payment on delivery Hot Internet may expand the payment methods in the future. Other payment methods will be announced on the Website when they are made available.

2. To guarantee a safe online payment and the safety of your personal information, the transaction data is sent with SSL technology. You do not need special software to pay with SSL. You can recognize a safe SSL-connection by the “lock” that is shown in the lower status line of your browser.

3. In case Hot Internet agreed on a payment term, the Buyer fails to perform the payment when exceeding this designated term. Payment terms can only be agreed upon by written agreement and then to be determined and agreed upon with accompanying conditions.

4. If the payment method with a credit card is selected (if applicable in 4.1) then the conditions of the concerning card provider are applicable. Hot Internet is not a party in the relationship between the Buyer and the card provider.

5. With non- or no timely payment by the Buyer the Buyer owes interest for the owed amount at the full extent of the lawful interest rate, to be calculated from the day where the payment should have been executed up until the day when the money has been paid completely.

6. The Buyer is to bear (out of court-) all judicial costs of any kind, which Hot Internet had to incur as a consequence of the non-compliance of the Buyer in their (payment-) obligations.

7. In case of an untimely payment, Hot Internet is authorized to immediately dissolve the agreement or to stop any (further) delivery until the moment when the Buyer has fully complied with the payment obligations, which includes the due interest and all costs.

5. Delivery and delivery time

1. Orders are delivered as quickly as possible. By rule, Hot Internet tries to deliver the next working day, when orders are placed before 4PM on a working day. Subject to other conditions, the latest delivery term is 30 days after receiving the order, with the exception of payment by transfer (if applicable in 4.1) where delivery is subject to 30 days after receiving the payment. Except for a Consumer Buyer the mentioned delivery time is only an indication and is not binding.

2. If a product is ordered that is temporarily out of stock, Hot Internet will indicate that this product is not available. Hot Internet tries to indicate delays per email to the Buyer within one working day.

3. Deliveries take place at the address designated by the Buyer at the time of realization of the agreement.

4. As soon as the products have been delivered to the indicated address, the risk concerning these products is transferred to the Buyer.

5. With deliveries to foreign countries other conditions might be applicable.

6. If the delivery takes place in parts (for instance, when some but not all of the ordered products are in stock), then Hot Internet reserves the right to view every delivery as a separate transaction.

7. The Buyer is obligated to receive the bought goods within the agreed period. If the product is not received within the given period, Hot Internet is authorized to claim the purchase price of the non-obtained part, and/or view the agreement as dissolved without judicial interference (in the case of paying the Buyer for the possibly already paid advances for the aforementioned product).

6. Flaws and Term for Complaints

1. The Buyer is obligated to immediately carefully inspect the products after receiving them. Complaints by the Buyer, relating to flaws of the product or the delivery, which are visible to the naked eye, have to be announced to Hot Internet by the Buyer within 7 days after the delivery (or within 7 days after the invoice date from Hot Internet if the products could not be delivered to the Buyer).

2. The Buyer, thief not a Consumer Buyer, is not permitted to send back the products for which there are no motivated complaints. If this happens without founded reasons, all costs for returning the product(s) are to be borne by the Buyer. Hot Internet is in that case free to store the products with thirds with a charge and risks to the Buyer, and upon request and costs of the Buyer, send the products back to the Buyer.

7. Neglect and exchange law

1. The Consumer Buyer can, according to Belgian law concerning trade practices, and the education and protection of the consumer of July 14, 1991 (hereinafter referred to as “W.H.P.C.”), utilize the neglect law within seven (7) days after the delivery of the product without a fine and without the mentioning of any reasons. There is no neglect law if the product or packaging are not in their original, complete, undamaged and unused condition. All sent documentation, guarantee proofs, and packaging material should be added to the return shipment. The return shipment should be returned in the same way as the delivery or by a drop-off in the showroom. In case the Buyer utilizes the neglect law, the Consumer Buyer is obligated to return the received product to Hot Internet within 7 working days after the delivery in the condition in which the Consumer Buyer received the product, with a mentioning of their bank account number. The costs for returning the product are to be borne by the Consumer Buyer.

2. If the Consumer Buyer follows the neglect law as described in the previous section, then Hot Internet will reimburse the payment to the Consumer Buyer by means of a bank transfer to the bank account number provided to Hot Internet by the Consumer Buyer.

3. Hot Internet is never liable for any damage -theft or loss included- that occurred to the packaging or the product when returning it.

4. In agreement with article 80, §4, 2° W.H.P.C. the Consumer Buyer cannot use the neglect law for agreements concerning the delivery of products that are manufactured in accordance with the specifications of the Consumer Buyer or that have a clear personal character or that can't be sent back or can quickly spoil or age due to their inherent nature.

5. If the product is not received in agreement with the conditions of the neglect law then the purchase amount is not returned. The product remains in ownership of the Buyer, who is obligated to pick up the product within two weeks. The product can be delivered upon request of the Buyer.

8. Property reservation

1. Property of a product is, not in contrast to the actual delivery, not transferred to the Buyer until they have fully completed the payment for this product, including the payment of all interest and costs.

2. The Buyer cannot overtax, sell, pass on, estrange, or keep in any other way before the transfer of property has taken place.

9. Guarantee and liability

1. In the beginning, the guarantee for all products delivered by Hot Internet is valid, as determined by the manufacturer of the concerning article. If the delivered product doesn’t meet the agreement, then the Buyer should inform Hot Internet of this within two months after this realization. Consumer Buyers have individual rights as recorded in articles 1649bis through 1649octies of the Civil Law book.

2. If Hot Internet is summoned to compensate for any damages for whatever reason to a Buyer who isn’t a Consumer Buyer, then this compensation will never be higher than an amount equal to the invoicing value with regards to the product or service that caused the damage.

3. In the following cases no guarantee is valid, not withstanding what is determined in this article: o If the wear can be considered as normal; o If changes have been made in or to the product, including repairs not in agreement with Hot Internet or the manufacturer; o If the original invoice can’t be produced, has been altered, or made unreadable; o If flaws are the result of unadequate or incompetent use; o If damage was developed by intention, extreme carelessness or negligent maintenance.

4. A Buyer who is not a Consumer Buyer is summoned to free Hot Internet of any liability that third parties could hold against Hot Internet for the execution of the agreement (for instance damage as a result), for as far as the law doesn’t resist the charge to the Buyer for the concerning damage and costs.

5. A sale through the Internet or a phone offered by Hot Internet, has been awarded the BeCommerce Label by the Belgian Direct Marketing Alliance (“BDMV”). This guarantees good quality and proper service. Consumer Buyers who use the services of Hot Internet through the Website, can make an appeal to a special mediation service if necessary (also see article 14).

6. It is possible that Hot Internet will place links on the Website that direct to other websites that might be interesting or informative for visitors. Such links are purely informative. Hot Internet is not responsible for the content of any website that is referred to or its subsequent use thereof.

7. If the research costs are incurred for finding the defect of a product or part of a product, which is no longer under a guarantee, or these costs are not covered by the guarantee on the grounds of article 9.3, then these costs are always borne by the Buyer. Hot Internet strives to make note of this in advance. The lack of this notification does not relieve the Buyer of the obligation to pay these costs.

8. If there are costs connected to a defect and this repair is not covered by the guarantee on the grounds of article 9.3, then the Buyer will be notified of this. If the Buyer does not give an explicit, written agree to the cost offer, then they can receive the product in return for paying the research costs. If the Buyer has not paid these research costs six (6) months after offering the cost budget, then the ownership of the product is transferred back to Hot Internet.

9. A diminished guarantee might be applicable to used, second-hand, or demonstration models.

10. Force majeure

1. In case of force majeure, Hot Internet is not obligated to meet their obligations to the other party. Hot Internet is authorized to delay their obligations for the length of the force majeure.

2. Under force majeure, we understand any circumstance independent from one’s will, which prevents the follow up of the obligations against the other party, partially or fully. To these circumstances we count, among other things, strikes, fire, operating failures, power failures, failure in a (telecommunication-) network or connection or used communication systems and/or the non-availability of the Website, no or untimely delivery from suppliers or other third parties and a lack of a license to be obtained through the government.

11. Intellectual property

1. The Buyer explicitly acknowledges that all rights of intellectual property of the shown information, announcements, or other expressions relating to the products and/or the Website are with Hot Internet, its suppliers or other rightful claimants.

2. With intellectual property rights we mean patent-, author-, brand-, drawing- and model rights and/or other (intellectual property) rights, which can include non-patented technical and/or commercial know how, methods, and concepts.

3. The Buyer is forbidden to use and/or to make changes to the intellectual property rights as described in this article, such as reproduction without explicit previous written consent from Hot Internet, its suppliers or other rightful claimants, unless it is only about the private usage of the product itself.

12. Personal information

1. Hot Internet will only process the information of the Buyer in agreement with the Privacy Statement.

2. Hot Internet complies with all applicable laws and regulations.

13. Applicable law and a certified judge

1. To all offers and agreements only Belgian law is applicable, with the exclusion of the principles of judicial cross-border conflicts.

2. The suitability of the Vienna Sales Contract is explicitly excluded.

3. All disputes connected to or forthcoming from offers from Hot Internet, or agreements made to Hot Internet, are presented to the certified judge in Lommel, unless a imposed legal provision explicitly appoints a different judge.

14. Dispute regulation and settlement

1. In deviation of article 13, Consumer Buyers can choose to use their right to present a possible dispute concerning offers of Hot Internet or the realization or execution of an agreement with Hot Internet to the mediation service of the BDMV, if it concerns an offer or agreement made or realized through the Website or a phone connection. Such a complaint can be presented to the BDMV per post (BDMV, at the attention of Comity of Supervision, Bureau & Design Center, Heizel Esplanade B46, 1020 Brussels), per email (comite@bdm.be) or through the form available on the website http://www.becommerce.be/.

2. If the Consumer Buyer wants to present a dispute to the mediation service of the BDMV, Hot Internet is bound to this choice. If Hot Internet wants to, the Consumer Buyer will pronounce his or her wishes to have the dispute dealt with by a certified judge in writing within five (5) weeks after a written request by Hot Internet. If Hot Internet is not informed of the consumer’s choice within the term of five (5) weeks, then they are authorized to present the dispute to a certified judge.

3. 3. The mediation service rules under those conditions that are recorded in the regulations of the mediation service. Its decisions are binding.

15. Various statements

1. The nominal seat of Hot Internet BVBA is located at 3920 Lommel, Gaffelstraat 31, with KBO number 0895.145.197. Please send all correspondence regarding an agreement or these conditions to Hot Internet at the abovementioned address or to the email address administratie@hotgsm.be.

2. Hot Internet strives to answer all received emails within 24 hours. If complaints are sent to Hot Internet, the Consumer Buyer is informed about the term within which they will receive a suggestion to solve the dispute within five working days.

3. If a statement of these General Conditions turns out to be unlawful, invalid, or for any other reason not forcible then this condition will be separated from these General Conditions and will not affect the validity and forcibility of the other statements. These General Conditions are a complete agreement between the Buyer and Hot Internet concerning the recorded matter.

General conditions Hot Internet BVBA, May 31, 2011