Terms & Conditions
Last amended: 25 March 2015
Home Entertainment Services (hereafter DVDPOSTDVDPOST) SA, address: Post box number 1070 - 99, 107 Anderlecht Mail-Belgium, does its utmost to deliver an outstanding rental service to its customers. DVDPOST values the trust you place in its services via the use of its website www.dvdpost.be (here after the 'site' or "website") 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 DVDPOST 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. The conditions rule the relations between DVDPOST and its customers when renting via DVDPOST, even when the order is not in writing. The personal and general terms and conditions expressed by the customer do not commit DVDPOST in any way.
We reserve the right, from time to time, with notice to you, to change the Terms & Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this website and your use and/or purchase of our products or services will be the version that is current and displayed on this website as at each date you access this website or use and/or purchase our products or services (as applicable). Your use of this website or your use and/or purchase of DVDPOST products or services after changes are made means that you agree to be bound by such changes.
Article 1 Films proposed on the DVDPost.be site by DVDPOST.
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. DVDPOST will do its utmost to make sure your chosen rentals are available. Unfortunately, it is possible that one or more movies are not available. In that case DVDPOST 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 DVDPOST
You enter a contract agreement with DVDPOST 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 DVDPOST rental formulas allowing payment via credit card, direct debit or bank transfer. In such case, you will be charged with the amount relative to the subscribed rental formula.
To become a member of DVDPOST or receive to purchase any of our products or services, as a minimum:
a)you must be at least 18 years of age. Persons under the age of 18 are not permitted to join DVDPost;
b)you must live in the Belgium, The Netherlands or Luxembourg; and
c)you agree to must provide us with personal details (including your name, email address, postal address and valid payment details), that are true and current, and you agree to must update us (through the "My account" section of this Website) if at any time your personal details change by updating the relevant sections of the website. Please ensure this is done before you move house, as you will be liable for any DVDs posted to the wrong address.
The membership formula chosen by the client gives the right to rent a certain number of films (credits) per month (e.g. the membership formula 2 films per months attributes two credits per month to be consumed in form of renting a film (one credit = one film)). Some VOD movies can cost more than 1 credit though. If the customer hasn't used all his credits within the month, they will be lost. There are no DVD's sent in the weekends and we advise to take this into consideration as well as the delivery period by the post. If you still have credits near the end of your subscription period we advise you not to wait until the last few days before sending us your current DVD because this way we might not get them before the end of your subscription period and your unused credits might get lost.
Article 3 - End of contract with DVDPOSTDVDPOST
The contract may be cancelled 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 (or 0032 2 5036811 outside of Belgium), Monday through Friday (except holidays) between 9AM and 5PM, via fax before 5PM at the number 02/791.52.84 or via registered mail sent a the address : DVDPost Customer Service, Rue des Vétérinaires 42a, 1070 Anderlecht. Unless the customer can prove he/she cannot cancel the agreement via phone or registered mail, no other 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 DVDPOST by phone that he/she wants to end the contract or if he/she is still in possession of a rental of DVDPOST after its due date.
To avoid the above the customer needs to cancel the contract, by phone or by fax, latest one working day before the renewal date of the subscription, before 16hrs or by registered mail, latest four working days before that same date (date as confirmed by postmark). As an example, if the renewal date on the site is 15th April 2010, the contract needs to be cancelled on 14th April 2010 by phone ( not 15th April) or on the last working day preceding this date if it falls in a weekend or if it is a holiday or on 11th April, by registered mail.
Terminating the contract will be effective on the day the request has been introduced. Such termination also implies that no further films can be rented or streamed. There is no reimbursement obligation for the rest of the subscription month period.
If you cancel the subscription, you will lose all the credits you still own at that moment. The cancellation of the credits you own is considered as a compensation for all charges associated as result of the contract termination. We have no reimbursement obligation or whatsoever for the credits you own. The credits can only be consumed in form of film renting or streaming. The validity of unconsumed credits granted during a free trial period will expire at the end of the free trial period.
Once the subscription has been terminated, the client has the obligation to send back the DVD's/Blu-rays in his possession within 5 working days. DVD's/Blu-ray's that have not been send back are invoiced with a tariff of 25 EUR, VAT included, per DVD/Blu-ray.
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. DVDPOST 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 by postal mail
The DVD/Blu-Rays of your choice will be delivered and returned by post at the address indicated in your profile on the site as your delivery address. In this case, DVDPOST will act on your behalf and for your account towards 'De Post' with respect to the delivery and return of envelopes containing your rentals. Hence, DVDPOST will pay all postal charges - for which you are legally liable - to 'De Post' on your behalf and for your account. If you choose for the membership formula 2 films per month, one DVD/Blu-ray is shipped once the previous one has been returned. For all other membership formula's, your rented films are mostly shipped per two in one envelope. If exceptionally only one is to be sent in one envelope, DVDPOST will provide a commercial discount for the related extra postal charges.
DVDPOST does its utmost to ensure the rentals are sent within the agreed deadlines. The delivery deadlines are only given as guidelines and DVDPOST cannot be held responsible for delays. DVDPOST reserves the right to interrupt the delivery when it is impossible, for reasons beyond its control, to get to the customer. DVDPOST reserves the right to include advertisements from other advertisers together with the rented movies, this in accordance with the provisions of the 8th December 1992 law regarding the protection of privacy when using personal data. Further reference to this is made in article 12.
The dispatching of the DVDs and Blu-rays is in part the responsibility of DVDPOST. The return of the above to DVDPOST is the sole responsibility of the customer. Sending and returning the rentals is done via the postal services on his/her behalf and for his/her account, if he/she adheres to the procedure put in place by DVDPOST no extra charges occur. This means the customer uses the prepaid original envelope provided by DVDPOST when returning the rentals. If the customer prefers to use another shipping method, he/she does so at his/her own expense.
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 concerned, 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 DVDPOST via the site or by phone. If the customer fails to return a rental and has not informed DVDPOST prior to this, the customer must pay damages worth EUR 15 VAT included and furthermore authorises DVDPOST to deduct this amount from his/her account or credit card.
Article 6 Video on Demand ("VOD") services
This section sets out the terms and conditions of our VOD service, which allows you to stream films, TV shows and other content ("Films") to your PC, laptop, television, DVD player, Blu Ray player, media centre or other authorized device capable of receiving it (a "Device"). When we use the word Device we include any service, guide, portal or gateway integrated with that Device.
Not all Films available on our online DVD rental service are available on our VOD service and VOD Films may not contain all the same features you will find on a DVD version of the same Film. The quality of the display of VOD Films may vary from Device to Device, and may be affected by a variety of factors, such as the bandwidth available through and/or speed of your internet connection. DVDPOST makes no representations about the quality of your VOD display.
We may withdraw VOD functionality entirely from our service or from any package or category of users. We may also limit, condition, terminate, charge for or otherwise modify your use of the VOD service at anytime without notice; provided however, we will give you notice before we institute any additional charges for the VOD service or any part of it. You acknowledge that due to requirements or requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all Films may not be viewed, or may cease being viewable, on our VOD service at all or on some or all Devices.
Given the rights received from the licensors of the Films, members that are located outside Belgium, Luxembourg and the Netherlands are restricted from accessing the DVDPost VOD service. Moreover, some movies might only be available in one of two of these countries.
6.1 Ways to stream and watch a Film
You can stream and watch Films on the Watch Online service in two ways:
(b) on a subscription basis, which will allow active members of our rental service to watch Films; or
(c) on a free (ad-supported) basis.
Films may not be able to be streamed and watched in all of the ways or on some or all Devices. This will be clear on the Website or Device, as applicable.
If you are an active member and subscribed to our rental service, you may stream and watch Films on the VOD service as part of your subscription. As soon as you start to watch the film, one credit of your subscription formula is consumed. Be aware that some movies can cost more than 1 credit
Each Film you choose will be subject to a Playback Period. You can watch the Film as many times as you like within that Playback Period but you cannot extend the Playback by stopping, pausing or restarting the Film. If you want to watch a Film after the Playback Period ends, you will have to choose the Film again which will be treated as a consumption of another credit. The Playback Period may be different for different Films and the period displayed on the Website when you buy the Film will be the one that applies. We reserve the right to change the Playback Period for any Film at any time. We will only change the Playback Period for a Film that you have already chosen if required to do so under our agreements with our licensors.
Your ability to watch online a film depends on your available credits. Each film you choose and start watching online is equivalent to one credit consumption.
To watch a Film on a free (ad-supported) basis you are not required to pay any fee or be a member of our rental service. You acknowledge that Films you watch may contain advertising or other marketing messages before, during and/or after them. We reserve the right to require you to provide us with personal details and payment card details to verify your identity and/or age.
6.2 Equipment, Systems and Connectivity
Your ability to stream and watch Films will depend on you having the necessary equipment, systems and connectivity. Before you buy a Film, you must ensure that you have all necessary equipment, systems and connectivity to stream and watch the Film properly. We are not able to specify particular requirements (which may vary) and are not responsible in any way for your ability to stream and watch Films. Minimum system requirements are specified in the VOD service section of this website but even compliance with these does not guarantee that you will be able to stream Films successfully.
We may determine in our sole discretion from time to time which Devices are authorized for you to stream and watch Films on. Devices are manufactured, sold and/or operated by entities other than DVDPOST and we do not take responsibility for or otherwise warrant the performance of any Device, including the continuing compatibility of the Device with our VOD service or vice versa. By using the VOD service, you agree to look solely to the entity that manufactured, sold and/or operates the Device (as applicable) for any issues related to the Device and/or its compatibility with the VOD service or vice versa. Any issues related to our VOD service and its functionality, including any system requirements, are covered and limited by the Terms.
You acknowledge that the availability of the VOD service and in particular the streaming of Films may be affected by internet traffic congestion or by other network, ISP, electronic, computer or other communication problems or failures and that we are not responsible for the failure of any Film to stream or to continue streaming due to any such congestion, problem or failure.
You acknowledge all intellectual property and other rights in the Films that you stream and watch are owned by us or our licensors. To enforce those rights, we stream Films to you using technology that protects digital information and limits your ability to watch the Film in accordance with certain usage rules established by us and/or our licensors (whether in these Terms and Conditions and/or on the relevant pages of this Website). Accordingly, you undertake that:
a)you will stream and watch Films for personal, private use only (and not for any direct or indirect commercial purpose); or
b)you will not, and will not encourage or assist any other person to, copy, reproduce, lend, rent, broadcast, distribute or transmit any Film; or
c)you will not, and will not encourage or assist any other person to, circumvent, modify, remove, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any security, encryption or other rights management technology or software that is part of any Film or part of the means by which we stream the Film to you; or
d)you will not stream or attempt to stream Films from anywhere outside the Belgium or to use any technology to obscure or disguise your location. You acknowledge that that we may use technologies to verify your location.
6.4 Termination and Enforcement
You acknowledge that, in addition to any rights that we or licensors have (including those pursuant to clause 14, any breach of these Terms and Conditions will entitle us to terminate your use of the service immediately and without notice. You specifically acknowledge our licensors have the right to directly enforce relevant provisions within these Terms and Conditions against you. We reserve the right to change, suspend, or cease the VOD service, or any part of it at any time and without notice to you. In particular, we reserve the right to remove any Film from our catalogue or to cease your streaming and watching of any Film on the Website or any Device if necessary to comply with our obligations to our licensors. You agree that we will not be liable to you if we exercise those rights, even if your streaming or watching of a Film is affected by the change, suspension or cessation.
Article 7 - Payment
The subscription costs cover all costs (movie rental, postal charges, support, etc.) There are no extra charges. DVDPOST 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. With your subscription, you agree that we are permitted to charge subscription fees and any other charges that you may incur in connection with your use of DVDPost. The subscription charges for the DVDPost rental service will be charged on the day immediately after your free trial ends (if applicable) or on the first day you subscribe to the DVDPost service if you are not eligible for a free trial; and, from then on, on the calendar day corresponding to the commencement of your membership subscription (each, a "Subscription Renewal Date"). This charge will continue on each Subscription Renewal Date thereafter unless and until you cancel, and regardless of how much you use the service. We will automatically charge you, using your specified payment method, each period (monthly unless otherwise specified) (your "Subscription Month) on or after your Subscription Renewal Date. All fees and charges are non-refundable. If you wish to use a different payment method, or if there is a change in your card validity or expiry date, you may edit payment details through the "My account" section of this website. We do not provide refunds for cancellations part-way through the billing period.
When opting for direct debet, 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 DVDPOST 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 DVDPOST 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, is picked-up at our premises or has been consumed through our VOD service
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 40 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.
DVDPost offers a wide selection of monthly paid subscriptions. You can consult the prices of the different subscriptions on this page.
Article 8 - 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 9 - Customer use
The customer will ensure that he/she uses the rentals with due diligence. He/she will also have a DVD or Blu-ray recorder in good working order and will protect the DVDs from humidity, scratcDVDPost and other elements which could deteriorate their quality.
Every abuse of the on-line rental system is punishable. Abuse is defined as every action that cannot be viewed as "normal use" of the site or where due diligence 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. DVDPOST reserves the right to claim damages, including interest and legal costs as per article 6 above. These will be calculated on the basis of EUR 25 per DVD/ Blu-ray (VAT included) . All claims made by the customer on the site regarding deliveries, late deliveries, unreadable or damaged rentals or any other claim pertaining to the services DVDPOST provides, must rely on real facts, which should, if the need arises, be usable in a court of law. DVDPOST reserves the right to verify whether any claim is authentic.
Article 10 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 DVDPOST
Article 11 - Act of God
DVDPOST 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, mobilizations, embargos, rebellions, revolutions, insurrections, civil wars, natural catastropDVDPost 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 12 Exclusion and limitation of liability
DVDPOST cannot guarantee that the site will not undergo interruptions. DVDPOST is not liable for failures, transmission failures of messages and data input, or communication problems. DVDPOST is not responsible for accidents, loss or damage caused to the customer's computer. DVDPOST reserves the right to modify, correct or improve the site and the services on the site. DVDPOST does not warrant or guarantee, in any way, explicitly or implicitly, the contents of the movies on its site.
DVDPOST 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 willful misconduct.
Article 13 Applicable law and competent jurisdiction
Belgian Law is applicable. The tribunals of the judiciary district of Brussels are solely competent.
Article 14 Protection of the personal details
DVDPOST 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 DVDPOST, he/she accepts that these will be used by DVDPOST to :
- enter into a contract agreement
- manage the customer data base;
- inform its customers about services and interesting products ;
- develop marketing campaigns.
This data may be consulted by DVDPOST 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 they are used for marketing purposes. The customer accepts that DVDPOST has access to his/her passwords to use the site.