Terms and Conditions

Last updated: 12-11-2023

OVERVIEW

This web site is operated by New Heating. Throughout the site, the terms "we," "us" and "our" refer to New Heating. New Heating offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing anything from us, you are participating in our "Service" and agreeing to the following terms and conditions ("Terms of Use," "Terms"), including those additional terms and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including, but not limited to, users who are browsers, sellers, customers, merchants, and/or content contributors.

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to these Terms of Use. If you do not agree to all the terms of this agreement, you may not access the site or use any service. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

New features or tools added to the current website are also subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace portions of these Terms of Use by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on a new platform. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - GENERAL TERMS AND CONDITIONS FOR THE ONLINE STORE

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and that you have given us permission for your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).

You must not send worms or viruses or send code of a destructive nature.

A violation or breach of any of the Terms will result in immediate termination of your Services.

SECTION 2 - GENERAL TERMS AND CONDITIONS

We reserve the right to refuse Service to anyone, for any reason and at any time.

You understand that your content (except credit card information) may be transmitted unencrypted and may include (a) transmissions over different networks; and (b) changes to accommodate technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service without express written permission from us.

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect the Terms of Use.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete or current sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is necessarily not current and is provided for reference only. We reserve the right to change the content of this site at any time, but we have no obligation to update information on our site. You agree that it is your responsibility to keep changes on our site up to date.

SECTION 4 - CHANGES TO SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice at any time.

We will not be liable to you or any third party for any changes, price changes, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable).

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are only subject to return or exchange according to our Refund Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. However, we cannot guarantee that the display of every color on your computer's monitor will be accurate.

We reserve the right, but have no obligation, to restrict the sale of our products or services to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All descriptions of products or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited.

We do not guarantee that the quality of any product, service, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed with us. We may, in our sole discretion, set or cancel limits on quantities purchased per person, per household or per order. These limits may be orders placed by or under the same customer account, the same credit card and/or orders using the same billing and/or shipping address. In the event we make a change or cancel an order, we may attempt to notify you by contacting you at the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases you make in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we may complete transactions and contact you as necessary.

PayPal and credit card transaction fees: PayPal transaction fees and credit card transaction fees are at the customer's own choice and responsibility. These transaction fees will not be reimbursed by New Heating in the case of a return. When returning products, only the cost of the goods themselves will be refunded, excluding any payment and transaction fees charged by PayPal or credit card companies.

SECTION 7 - OPTIONAL TOOLS

We may give you access to optional third-party tools over which we have no control or input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We are in no way liable for any damages arising out of or related to your use of optional third-party tools.

We reserve the right to offer new services and/or features through the Website in the future (including the release of new tools and resources). Such new features and/or services are also subject to these Terms of Use.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available through our service may contain materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and do not assume any liability or responsibility for any third party materials or websites, or for any other third party materials, products or services. We are not liable for any damages or losses in connection with the purchase or use of goods, services, resources, content or any other transactions related to third-party websites. Please carefully review the policies and practices of third parties and make sure you understand them before participating in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send certain specific submissions (e.g., contest entries) at our request, or send creative ideas, suggestions, proposals, plans or other materials without our request, online, by e-mail, by mail or otherwise (collectively, "comments"), you agree that we may at any time, without limitation, edit, copy, publish, distribute, translate and otherwise use any comments you send us in any medium. We are not and will not be required (1) to keep any comments confidential; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove any content that we, in our sole discretion, deem to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Use.

SECTION 10 - PERSONAL INFORMATION

Your provision of personal information through the store is governed by our privacy policy.

 

General Terms and Conditions - Exclusion of Liability.

When using our services and products, it is important that you are fully aware of the following terms and conditions regarding our liability

Terms and Conditions: Installation, Responsibility and Warranty

1. Preparation by the client

1.1. Customer is fully responsible for proper site preparation for delivery and/or installation of products. This includes, but is not limited to:

  • Clearing the work area of obstacles, hazardous situations or other restrictions.
  • It includes access to the installation site, including adequate passageways and transportation capabilities
  • Making all basic infrastructure available (e.g., power supply, water connection, stable surfaces, etc.).
  • Removing protective from vulnerable properties, such as furniture, floors, walls or equipment.

1.2. If the location does not meet the above requirements, we reserve the right to:

  • To tempt, delay or cancel the installation
  • Charge additional fees for any unexpected, extra work or repair of damage caused by the customer's lack of preparation.

 

2. Delivery and installation: Limitation of liability.

2.1. We are not liable for:

  • Any kind of damage to property of customer's goods resulting from site conditions, such as unstable surfaces, poor access, or faulty connections
  • Loss or damage caused by unforeseen circumstances beyond our control (such as adverse weather conditions, technical failures, or other force majeure situations
  • Direct, indirect or consequential damages, such as loss of revenue, production disruptions or

2.2. Possible damage to our products or potentials due to circumstances of faulty on-site preparations will be fully recovered from

3. Self-installation by the customer

3.1. If the customer chooses to perform the installation himself or have it performed by a third party, the following provisions apply:

  • All warranties regarding installation-related damage or defects are automatically voided.
  • We do not provide support, repair or compensation for damage caused by errors during self-installation, such as repair use of materials, tools or techniques.
  • The customer reduces full liability for the correct operation of the product after self-installation.

3.2. Conditions of Product Warranty:

  • The product warranty remains applicable only when the installation is fully and correctly performed by our authorized employees of a party approved by us
  • Any kind of damage or defect caused by external factors, such as improper use, improper transportation of installation, will result in forfeiture of

4. Limitation of warranty and indemnity in use.

4.1. The customer acknowledges our liability for the time being:

  • The delivered product is and is accepted by the customer, decided of the installation is completed by us or by the customer himself.
  • The customer uses the product contrary to our instructions or outside the recommended conditions

4.2. We provide no warranty or compensation for damage or malfunctions caused by:

  • Improper use, inadequate maintenance of external factors such as brand, water damage, or mechanical influences.
  • Adjustments not according to standards

4.3. Property Rights Indemnification:
The customer that they are fully responsible for any claim, penalty or compensation arising from the use of the product in violation of local regulations of contractual agreements.

5. General: Acceptance of terms and conditions

5.1. By placing an order and entering into a purchase agreement, the customer troublesfully agrees in full to these terms and conditions.
5.2. The customer understands that these terms and conditions are intended to limit our liability and protect our rights, both legal and financial.

5.3. In case of disputes, the customer will be contradictory to prove that they have fulfilled the above conditions.

By using our services or products, you agree to these conditions and acknowledge that under no circumstances are we liable for social situations. Please contact us with any questions before purchasing installation of our products.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions regarding product descriptions, prices, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change, update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without notice (including after you place your order). We are under no obligation to update, modify or clarify any information in the Service or on any related website except as required by law. No specified update or renewal date in the Service or on any related website, should be taken as an indication that any information in the Service or on any related website has been changed or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its contents: (a) for any unlawful purpose; (b) to induce others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, defame, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability (f) to submit false or misleading information; (g) to upload or transmit viruses or other types of malicious code that could in any way affect the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, fish, farm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not warrant, represent or guarantee the uninterrupted, timely, secure or error-free use of our service. We do not guarantee that the results that may be obtained from use of the service will be accurate or reliable. You agree that from time to time we may remove the Service indefinitely or cancel the Service at any time without notice to you. You expressly agree that your use of, or inability to use, the Service is at your own risk. The Service and all products and services provided to you through the Service are provided (except as expressly stated by us) "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. In no event will New Heating, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, lost profits, lost sales, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence) strict liability or otherwise, arising out of your use of any of the services or products obtained through the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of using the service or any content (or product) posted, transmitted or otherwise made available through the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability will be limited to the maximum amount permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold New Heating and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents to which they refer, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Use is found to be unlawful, void or unenforceable, such provision shall nevertheless be made enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Use; such determination shall not affect the validity and enforceability of all remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties entered into prior to the termination date will survive the termination of this Agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our Site. If, in our sole discretion, we believe that you have failed or we suspect that you have failed to comply with any term or provision of these Terms of Use, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this site or relating to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use will not be construed against the drafter.

SECTION 18 - APPLICABLE LAW

These Terms of Use and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Netherlands.

SECTION 19 - AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS

You can view the most current version of the Terms and Conditions at any time on this page. We reserve the right, at our sole discretion, to make updates, changes or replacements to any part of these Terms and Conditions at any time by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. By continuing to use our website or service after posting changes to these Terms and Conditions, you agree to be bound by those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us at info@new-heating.com.