Terms and Conditions

These Terms and Conditions constitute a legal agreement between you and Winterbell. By accessing our website or engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these terms.

Effective Date: November 18, 2025
Last Updated: November 29, 2025

1. Binding Legal Agreement

These Terms and Conditions form a legally binding contract between you ("User," "Client," or "you") and Winterbell ("we," "us," or "our"). This agreement governs your access to and use of our website, services, and any related communications or materials.

1.1 Acceptance of Terms

By accessing our website, submitting inquiries, or engaging our services, you indicate your acceptance of these Terms and Conditions. If you do not agree with any part of these terms, you must immediately cease use of our website and services.

1.2 Capacity to Enter Agreement

By agreeing to these terms, you represent and warrant that:

You are at least 18 years of age or the legal age of majority in your jurisdiction
You have the legal capacity to enter into binding contracts
If representing a company or organization, you have authority to bind that entity

1.3 Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to our website with an updated "Last Updated" date. Your continued use of our services after such changes constitutes acceptance of the modified terms. We recommend reviewing these terms periodically.

2. User Obligations and Responsibilities

2.1 Lawful Use

You agree to use our website and services only for lawful purposes and in compliance with all applicable laws and regulations. Prohibited activities include:

Engaging in fraudulent, deceptive, or misleading activities
Violating intellectual property rights of Winterbell or third parties
Distributing malware, viruses, or other harmful code
Attempting unauthorized access to our systems, networks, or data
Harassing, threatening, or defaming others
Interfering with or disrupting our services or servers

2.2 Accurate Information

You are responsible for providing accurate, current, and complete information when communicating with us or submitting forms on our website. Providing false or misleading information may result in termination of service and could have legal consequences. You agree to promptly update any information that becomes inaccurate or outdated.

2.3 Account Security

If you create an account or access secure areas of our website:

You are responsible for maintaining the confidentiality of your credentials
You are responsible for all activities that occur under your account
You must notify us immediately of any unauthorized use or security breach

2.4 Indemnification

You agree to indemnify, defend, and hold harmless Winterbell, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from your violation of these Terms and Conditions, your use of our services, or your violation of any rights of another party.

3. Disclaimers and Limitations of Liability

3.1 "As Is" and "As Available" Basis

Our website and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

Warranties of merchantability or fitness for a particular purpose
Warranties regarding accuracy, reliability, or completeness of information
Warranties that our services will be uninterrupted, secure, or error-free

3.2 Limitation of Liability

To the maximum extent permitted by applicable law, Winterbell shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

Loss of profits, revenue, or business opportunities
Loss of data or information
Interruption of use or loss of service
Damages arising from third-party content or actions

Maximum Liability: In no event shall our total aggregate liability exceed the amount paid by you (if any) for accessing our services during the six months preceding the claim.

3.3 Exclusion of Consequential Damages

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law. These limitations apply regardless of the legal theory upon which liability is based, whether contract, tort, negligence, strict liability, or otherwise.

3.4 Force Majeure

We shall not be liable for any failure or delay in performance under these Terms and Conditions due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

4. Legal Information and Dispute Resolution

4.1 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

4.2 Jurisdiction and Venue

Any disputes arising from or relating to these Terms and Conditions or our services shall be subject to the exclusive jurisdiction of the courts located in Amsterdam, Netherlands. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

4.3 Dispute Resolution Procedures

In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions:

1

Good Faith Negotiations

The parties shall first attempt to resolve the dispute through good faith negotiations within 30 days
2

Mediation

If negotiations fail, parties may agree to submit the dispute to mediation before pursuing litigation
3

Litigation

If mediation is unsuccessful or declined, either party may pursue legal action in the designated courts

4.4 Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the provision shall be severed from these terms. The remaining provisions shall continue in full force and effect.

4.5 Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and Winterbell regarding your use of our website and services. These terms supersede all prior or contemporaneous communications, agreements, or understandings, whether written or oral.

4.6 No Waiver

Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

5. Changes to Terms and Conditions

We reserve the right to update or modify these Terms and Conditions at any time. Significant changes will be communicated through:

Updating the "Last Updated" date at the top of this page
Prominent notice on our website for material changes
Email notification to registered users when applicable

We encourage you to review these Terms and Conditions periodically. Your continued use of our website or services after any modifications indicates your acceptance of the updated terms.

Questions or Concerns?

If you have any questions about these Terms and Conditions or need clarification on any point, please contact us:

Email: info@winter-bell.com

Phone: +31851149111

Address: Kalverstraat 92, 1012 PH Amsterdam, Netherlands

We aim to respond to all inquiries within 5 business days. For urgent legal matters, please indicate this in your communication.