General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
· Cooling-off period: The period within which the consumer can make use of their right of withdrawal.
· Consumer: The natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
· Day: Calendar day.
· Long-term transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
· Durable medium: Any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that makes future consultation and unchanged reproduction of the stored information possible.
· Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period.
· Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
· Distance contract: A contract concluded within the framework of an organised system for distance selling of products and/or services, whereby up to and including the conclusion of the contract exclusive use is made of one or more techniques for distance communication.
· Technique for distance communication: Means that can be used for concluding an agreement, without consumer and entrepreneur being simultaneously present in the same room.
· General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.
Article 2 – Right of withdrawal
The consumer has the right to withdraw from the contract within a cooling-off period of 30 days without giving any reason. During the cooling-off period, the consumer will handle the product and the packaging with care.
If the consumer makes use of their right of withdrawal, they will return the product with all delivered accessories and, if possible, in the original condition, in accordance with reasonable instructions from the entrepreneur.
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in an easy manner on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly and the consumer may, in the event of conflicting general terms and conditions, always rely on the applicable provision that is most favourable to them.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the contract and these terms and conditions will otherwise remain in force and the provision in question will be replaced without delay by mutual agreement with a provision that approximates the intent of the original as closely as possible.
Situations that are not regulated in these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be interpreted “in the spirit” of these general terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer.
If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
· Any shipping costs.
· The manner in which the agreement will be concluded and which actions are required for this.
· Whether or not the right of withdrawal applies.
· The method of payment, delivery and performance of the agreement.
· The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price.
· The level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used.
· Whether the agreement will be archived after its conclusion and, if so, in what way it can be consulted by the consumer.
· The manner in which the consumer, before concluding the agreement, can check the data provided by them in the context of the agreement and, if desired, restore it.
· Any other languages in which, in addition to Dutch, the agreement can be concluded.
· The codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically.
· The minimum duration of the distance contract in the case of a long-term transaction.
· Optional: available sizes, colours, type of materials.
Article 5 – The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to the performance.
The entrepreneur will send the consumer the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
· The visiting address of the entrepreneur’s establishment where the consumer can go with complaints.
· The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
· The information about guarantees and existing service after purchase.
· The data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before performance of the agreement.
· The requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period.
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 30 days.
This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated by the consumer in advance and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product.
If they make use of their right of withdrawal, they will return the product with all delivered accessories and—if reasonably possible—in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to make use of their right of withdrawal, they are obliged to notify the entrepreneur within 30 days after receipt of the product. The consumer must notify this by means of a written message or email.
After the consumer has indicated that they wish to make use of their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.
If the customer has not indicated after expiry of the periods mentioned in paragraphs 2 and 3 that they wish to make use of their right of withdrawal and/or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 – Costs in case of withdrawal
If the consumer makes use of their right of withdrawal, the costs of returning the products are for the consumer’s account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 30 days after withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or that conclusive proof of complete return shipment can be provided.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer’s right of withdrawal for certain products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
· That have been created by the entrepreneur in accordance with the consumer’s specifications.
· That are clearly personal in nature.
· That, by their nature, cannot be returned.
· That can spoil or age quickly.
· The price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence.
· For individual newspapers and magazines.
· For audio and video recordings and computer software of which the consumer has broken the seal.
· For hygienic products of which the consumer has broken the seal.
Article 9 – The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations on the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within three months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from three months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
· They are the result of statutory regulations or provisions; or
· The consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 – Conformity and warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Return shipment of the products must take place in the original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
· The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties.
· The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or have been treated contrary to the instructions on the packaging.
· The defectiveness is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 – Delivery and performance
The entrepreneur will exercise the greatest possible care when receiving and when executing orders for products.
With due observance of what is stated about this in Article 4 of these general terms and conditions, the company will execute accepted orders promptly, but no later than within 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 30 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make efforts to make a replacement item available. No later than at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered.
With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the entrepreneur’s account.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Long-term transactions: duration, termination and extension
Termination
The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed duration, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
· at any time and is not limited to termination at a specific time or in a specific period;
· at least in the same manner as they were entered into by them;
· always with the same notice period as the entrepreneur has stipulated for themselves.
Extension
An agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration.
In deviation from the previous paragraph, an agreement entered into for a fixed period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed duration of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement entered into for a fixed period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the event the agreement extends to the regular, but less than once per month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines by way of introduction (trial or introductory subscription) will not be tacitly continued and ends automatically after the trial or introductory period has been purchased.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days after the start of the cooling-off period as referred to in Article 6 paragraph 1.
In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
Complaints about the performance of the agreement must be submitted to the entrepreneur within seven days, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days calculated from the date of receipt.
If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at their choice, replace or repair the delivered products free of charge.
Article 15 – Disputes
Belgian law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
Even if the consumer resides abroad.