Terms & Conditions
Terms & Conditions
Article 1: DEFINITIONS
1. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
3. Day: calendar day;
4. Digital content: data that is produced and delivered in digital form;
5. Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
6. Sustainable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is geared to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
7. Right of withdrawal: the ability of the consumer to cancel the distance agreement within the cooling-off period;
8. Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services to consumers remotely;
9. Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and / or services, whereby up to and including the conclusion of the agreement exclusively or partly use is made of one or more techniques for distance communication;
10. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader having to come together in the same room at the same time.
Article 2: ENTREPRENEUR IDENTITY
Manager: Pieter Vroman
Email address: firstname.lastname@example.org
VAT identification number: BE 0649.807.354
Article 3: APPLICABILITY
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
As the distance contract is concluded electronically, the text of these general terms and conditions will be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier.
Article 4: THE OFFER
If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content 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 true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 – THE AGREEMENT
The agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can – within the law – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance agreement. If on the basis of this investigation the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
The entrepreneur will send the following information to the consumer at the latest on delivery of the product, service or digital content, 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 establishment of the entrepreneur where the consumer can go with complaints;
- The conditions under which and the way in which the consumer can exercise 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 price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance agreement;
- The requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration;
Article 6 – RIGHT OF WITHDRAWAL FOR DELIVERY OF PRODUCTS:
When purchasing products, the consumer has the option of dissolving the contract for 14 days without giving any reason. This cooling-off period starts on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all supplied accessories and in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
To make use of his right of withdrawal, the consumer must comply with the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest upon delivery.
Article 7 – OBLIGATIONS OF THE CONSUMER DURING THE COVERAGE
During the cooling-off period, the consumer will handle the product and the packaging with care. He will not unpack or use the product. The principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer is only liable for value reduction of the product that is the result of a way of handling the product that goes beyond what is permitted.
Article 8 – COSTS IN THE EVENT OF WITHDRAWAL
If the consumer makes use of his right of withdrawal, he will let this be known by e-mail (email@example.com) within the cooling-off period.
If the consumer makes use of his right of withdrawal, the costs of the return shipment will be borne at most.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.
Bank costs – transaction costs can be withheld by the entrepreneur.
Article 9 – EXCLUSION RIGHT OF WITHDRAWAL
The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
Specially ordered for the consumer
These were collected and the consumer was therefore given ample time to inspect the product and to decide whether or not to make a purchase.
Article 10 – THE PRICE
During the validity period stated in the offer, the prices of the products and / or services offered are not increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices that are subject to fluctuations in 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 are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: a. These are the result of statutory regulations or provisions; or b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
The prices stated in the range of products or services include VAT.
Article 11 – 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 reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee 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.
Article 12 – DELIVERY AND IMPLEMENTATION
The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur. The entrepreneur cannot be held liable for errors in the consumer’s information obtained.
Taking into account what is stated about this in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, though at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case the consumer has the right to terminate the agreement without costs.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
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 explicitly agreed otherwise.
If delivery of an ordered product appears to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest on delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are at the expense of the entrepreneur.
Article 13 – PAYMENT
Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period as referred to in Article 6.
When an advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service (s), before the advance payment has been made.
The consumer has the duty to immediately report inaccuracies in payment data provided or stated to the entrepreneur.
In the event of non-payment on the part of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.
Article 14 – COMPLAINTS
The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has found the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation within a reasonable period or within 3 months after the complaint has been submitted, a dispute will arise that is subject to the dispute settlement procedure.
Article 15 – DISPUTES
1. On agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only the court of the district of Bruges has the authority to resolve disputes.
Article 16 – ADDITIONAL OR DIFFERENT PROVISIONS
additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored in an accessible manner on a durable medium by the consumer.
Article 17 – COMBINABILITY OF PROMOTIONS
It is not possible to use a discount code on a product that is already in promotion unless specifically stated in the explanation of the discount code. In any case, only one discount code can be used per order and different discounts cannot be combined.
Article 18 – PRIVACY