Warehouses De Pauw | Terms and Conditions

1. IN GENERAL

These General Conditions of Use apply to the use of the WDP Services through the Application. The User accepts these General Conditions of Use and renounces any application of its own general or special conditions, and this independently of the time at which they are communicated. The General Conditions of Use are always available on the WDP Website.

User must read these General Conditions of Use carefully, print or download these Conditions and save a copy. The General Conditions of Use are also expressly notified to and accepted by the User during the Application of the WDP Services.

The General Conditions of Use may be amended at any time. The amended Conditions take effect as soon as these amendments are published on the website. The amended Conditions will apply to any use of the WDP Services after the entry into force of these Conditions.

2. DEFINITIONS

WDP: means

If the Site is located in Belgium: the public regulated real estate company in the form of a limited liability company, with registered office located at Blakebergen 15, 1861 Wolvertem, and registered with company number 0417.199.869.
If the Site is located in the Netherlands: WDP Services NL B.V., private company with limited liability with its registered office in Breda, maintaining offices in 4822 NH Breda, Hoge Mosten 2‑B1, listed in the Trade register of the Chamber of Commerce under number 90408756.
If the Site is located in Luxembourg: WDP Luxembourg SA, with registered office at L‑3434, Dudelange, Z.A.E. Wolser G 44, and with company number LU23357438.
If the Site is located in France: WDP France SARL, with registered office at 36000 Chateauroux, Rue Cantrelle 28, and listed in the register of Chateauroux with number 432 930 527.
If the Site is located in Romania: Warehouses De Pauw Romania SRL, with registered office at 077190 Bucharest, Strada Gara Herstrau 2 (Etaj 10)(Office Center Equilibrium), and listed in the register of Boecharest with company number RO21664036.

WDP Services: the services offered by WDP for its Existing Customers through its website and which will be carried out by the Service Providers.

User: the natural person or company who is an Existing Customer of WDP and wishes to use the WDP Services through the Application on the WDP website.

Service Provider: the natural person or company who has concluded a cooperation agreement with WDP and performs Services ordered by a User through the Application.

Transaction: the agreement concluded between the User and the Service Provider through the Application.

Existing Customer: the natural person or company to whom WDP leases logistics real estate by means of a signed lease agreement or an industrial lease.

Application: the completion by the User of the contact form and details of the desired WDP Services on the WDP website.

Site: the location where the Services Provider will provide the WDP Services. .

3. WDP SERVICES
WDP gives its Existing Customers the opportunity to apply via its website for the provision of the WDP Services on the respective location to which the lease agreement applies. The submission of the application is completely non-binding to the User (see further infra). If the requested service does is not included on the website of WDP, the User can mention this in the individual application form.

The WDP Services are only avaible for Existing Customers. WDP shall do its best to present a suitable Service Provider for the Existing Customer based on the request, wtihout this constituting an obligation of result for WDP. Nor does WDP guarantee to find a Services Provider within a certain period of time after the submission of the Application.

Based on the information provided by the User, the Service Provider will submit to the User an offer from the Service Provider based on the type of service requested. As soon as the User will have accepted the Service Provider’s offer, the Transaction shall be deemed to be concluded.

WDP acts as an intermediary between the User and the Service Provider in order to facilitate contacts between the User and the Service Provider. The User only has a contractual relationship with the Service Provider, designated by WDP. WDP cannot be considered as a contractual party to the Transaction and cannot, in any way, be held liable for the execution of the Transaction.

WDP cannot be considered an employment agency or an outplacement agency, nor can the WDP Services be qualified as a provision of personnel.

WDP does not charge for the User’s use of the WDP Services. WDP may receive compensation from the Service Provider in return for work generated by the Service Provider from the WDP Services (which may be a percentage of the revenue received by the Service Provider as a result of the provision of the Services)..

4. ESTABLISHMENT OF TRANSACTION BETWEEN USER AND SERVICE PROVIDER
After the User has provided the necessary information trough the Application and the User has been able to take note of the Service Provider’s offer subsequently, the User can contact the Service Provider directly. Upon acceptance by the User of the Service Provider’s offer, the Transaction is deemed to be closed. WDP does not intervene in the conclusion of the Transaction between the User and the Service Provider and is no party to the Transaction.

The conditions under which the services will be supplied to the User (including price, payment terms, cancellation options,…) are determined in the terms of the Transaction between the Service Provider and the User. WDP is completely independent to these terms and conditions.

5. LIABILITY
The Application submitted by the User is entirely without obligation, non-binding and does not lead to a Transaction whatsoever.

Under no circumstances WDP can be held liable for the services performed by the Service Provider, or any person for whom the Service Provider is responsible, in performance of the Transaction between the User and the Service Provider. The Service Provider is solely responsible for the services performed by itself, or a person for which the Service Provider will be responsible.

WDP declines any liability concerning the direct and indirect consequences of bringing the User and the Service Provider into contact.

WDP only commits to search, to the best of its ability, a suitable Service Provider for the User.

WDP will take into account the following criteria: the type of service, the place where the services have to be executed and the availability of the Service Provider. WDP shall only look for the most suitable Service Provider within the group of Service Providers with whom WDP has concluded a cooperation agreement. Only the Service Provider is liable for the information regarding its speciality, geographical area of operation and availability. WDP does not control in any way the accuracy of the information provided by the Service Provider. WDP can therefore not be held liable for direct and indirect damages to the User or third parties as a result of (possibly wrong) information provided by the Service Provider.

WDP cannot be held liable for the direct and indirect damages that the user may incur, as a consequence of the use of the WDP website, in case of defective functioning of the WDP website (and the Application), in case of a technical problem or in case of a complete or partial inaccessibility of the website for any reason whatsoever.

Only the User is liable for the information (such as personal data, description of the problem or required service) indicated in the Application. WDP does not control the accuracy of the information, provided by the User. WDP can therefore not be held liable for direct and indirect damages to the Service Provider or third parties as a result of (possibly wrong) information provided by the User. The User shall indemnify WDP for all costs, fees, expenses, damages related to any claim of the Service Provider or third parties against WDP, resulting from the information provided by the User.

In no event shall WDP be liable for any indirect damages (including but not limited to loss of profits, loss of savings or professional opportunities, loss of data/data, loss of business, business interruption, personnel costs) or for any damages resulting from any misuse of the Application by the User. The User shall indemnify WDP for all costs, fees, expenses, damages, claims and demands related to any claim by the Service Provider or third parties against WDP arising from the User’s misuse of the Application for which WDP bears no responsibility.

WDP shall not be liable for any indirect damages (including but not limited to loss of profits, loss of savings or professional opportunities, loss of data, loss of business, business interruption, personnel costs) or for any damages resulting for any misuse of the Application by the User. The User shall indemnify WDP for all costs, fees, expenses, damages, claims and demands related to any claim by the Service Provider or third parties against WDP arising from the User’s misuse of the Application for which WDP bears no responsibility.

To the fullest extent permitted by law, the Parties exclude any extra-contractual claims against WDP and against the Internal Auxiliary Persons of WDP for damages arising from this Agreement (or any agreements concluded in execution thereof). These Internal Auxiliary Persons are third-party beneficiaries of this provision.

“Internal Auxiliary Persons” refers to all legal and natural persons (including, where applicable, their management companies) who directly or indirectly perform activities or provide services for or on behalf of WDP, including, but not limited to:

a) All employees, regardless of their type of employment contract (permanent, temporary, part-time, etc.), as well as all persons employed via a temporary employment agency and working on a non-independent basis for WDP, acting under the authority, supervision, and control of WDP;

b) Directors or members of the executive committees of WDP and/or its group companies;

c) Consultants and freelancers engaged on an independent basis, insofar as they perform activities within the WDP network and in connection with the organizational and business needs of WDP;

d) Other independent contractors not mentioned under (b) and ©, insofar as they perform activities within the WDP network and in connection with the organizational and business needs of WDP, and provided they are not excluded in the following paragraph.

Not considered Internal Auxiliary Persons (in a non-exhaustive manner) are: law firms, consultancy firms, architects, audit firms, companies responsible for the maintenance and/or support of the buildings and/or accessories of the buildings (including, but not limited to, charging stations, batteries, and PV installations), brokerage firms, (project) developers, (sub)contractors, etc..

6. PROTECTION OF PERSONAL DATA
By using the WDP Services, the User accepts that certain personal data will be processed by WDP. This includes both data collected during the Application and data collected after the Application.

For more information, the User can consult the Privacy Policy www.wdp.eu/privacy-policy. Acceptance of these General conditions of Use also implies acceptance on all the terms of the Privacy Statement.

The User agrees that personal data may be transferred to the Service Provider in the context of the performance of the Services.

The User further agrees that WDP may contact the User by email to send an evaluation form to the User’s email address as collected during the Application in the context of evaluating the WDP Services.

7. EVIDENCE
WDP offers methods for electronic confirmation and, if applicable, signature on the Website (more specifically via ticking choices and confirmation buttons).

By using the website, the User agrees that the offered methods of electronic confirmation and signature are used to conclude binding legal transactions (including the order of works and their payments).

By using one of the methods for electronic confirmation or signature offered on the WDP website, the User gives these methods the same evidential value as hand-signed documents, also vis-à-vis Service Providers and other third parties invoking them.

8. MISCELLANEOUS
If one or more clauses of these General Conditions of Use do not apply for any reason, the remaining clauses shall nevertheless remain valid.

No act, failure to act, silence or other conduct of the parties shall be deemed a waiver of any right or benefit of such party arising from these General Conditions of Use unless expressly stated as such in writing. Any waiver by a party to act against any breach of any provision of these General Conditions of Use shall never be deemed a final waiver for any subsequent breach, and the relevant provisions shall remain in force between the parties.

In case of inconsistencies between the translations of these General Conditions of Use, the Dutch version shall prevail over the French and English versions.

The natural or legal person who accepts the application of the present General Conditions of Use in the name and on behalf of the User declares having the necessary power of representation to bind the User.

9. APPLICABLE LAW AND COMPETENT COURTS
These General Conditions of Use, the agreement between the Service Provider and the User and the Service Provider’s offer are governed by the law of the country where the Site is located.

In case of a dispute regarding these General Conditions of Use, the parties will try to settle the dispute amicably. Unless the User is a consumer, the courts of the country where the Site is located will have exclusive jurisdiction for all disputes concerning these General Conditions of Use.