ARTICLE 1 – DEFINITIONS
The following definitions apply in these terms and conditions:
1. Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
2. Consumer: the natural person who does not act in the exercise of your profession or business and who enters into a distance agreement with the entrepreneur;
3. Distance contract: an agreement whereby within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement, you will only make use of one or more communication techniques at a distance;
4. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time;
5. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;
7. Day: calendar day;
8. Duration transaction: a distance agreement with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
9. Sustainable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
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ARTICLE 3 – APPLICABILITY
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
2. Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it is consumer can be stored in a simple way on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision which, for him, most beneficial.
ARTICLE 4 – THE OFFER
1. 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 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 and / or services 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. This concerns in particular:
o the price including taxes;
o the possible costs of delivery;
o the manner in which the agreement will be concluded and which actions are required for this;
o whether or not the right of withdrawal is applicable;
o the method of payment, delivery or implementation of the agreement;
o the period for accepting the offer or the period for keeping the price;
o 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 basic rate;
o if the agreement is filed after the conclusion, how the consumer can consult it;
o the way in which the consumer can become aware of acts that he does not want before concluding the agreement, as well as the way in which he can rectify these before the agreement is concluded;
o any languages in which, in addition to Dutch and French,
o the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
o the minimum duration of the distance agreement in the case of an agreement that involves the continuous or periodic delivery of products or services.
ARTICLE 5 – THE AGREEMENT
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
2. 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 receipt of this acceptance has not been confirmed, the consumer can terminate the agreement.
3. 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.
4. 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 the entrepreneur has good reasons not to enter into the agreement on the basis of this investigation, he is entitled to refuse an order or request or to attach special conditions to the implementation thereof.
5. The entrepreneur will send the following information with the product or service to the consumer, 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;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about existing after-sales service and guarantees;
d. the information included in article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer prior to the implementation of the agreement;
e. the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph applies only to the first delivery.
ARTICLE 6 – RIGHT OF WITHDRAWAL FOR DELIVERY OF PRODUCTS
1. When purchasing products, the consumer has the option to terminate the agreement without giving any reason during 1 month. This period starts on the day after receipt of the product by or on behalf of the consumer.
2. During this period the consumer will handle the product and the packaging with care. He will only use the product to the extent that he needs it to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied 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.
ARTICLE 7 – COSTS IN THE CASE OF WITHDRAWAL
1. If the consumer makes use of his right of withdrawal, the costs of the return shipment will be borne at most.
2. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but within 30 days after the return or cancellation.
ARTICLE 8 – EXCLUSION RIGHT OF WITHDRAWAL
1. If the consumer does not have a right of withdrawal, this can only be closed by the entrepreneur if the entrepreneur clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been established by the entrepreneur in accordance with the consumer’s specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
b. whose delivery has begun with your express consent of the consumer before the cooling-off period has expired;
c. concerning bets and lotteries.
ARTICLE 9 – THE PRICE
1. During the validity period stated in the offer, the prices of the products and / or services offered are not increased, subject to price changes as a result of changes in VAT rates.
2. 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.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the agreement on the day the price increase takes effect.
5. The prices stated in the range of products or services include VAT.
ARTICLE 10 – CONFORMITY AND WARRANTY
1. 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 provisions and / or government regulations.
2. A scheme offered by the trader, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert with regard to a shortcoming in the fulfillment of the trader’s obligations to the trader based on the law and / or the distance agreement.
3. You also enjoy the legal guarantee for hidden defects on the delivered goods. A complaint for hidden defects that are not due to a case of force majeure, an incorrect act by you or a third party or that are due to normal wear and tear must be submitted by e-mail to our customer service, and this at the latest 2 months after the discovery of the hidden defect. If such notification does not occur within a period of 2 months after the discovery of the hidden defect, you will lose your right to submit a complaint for hidden defects. Our Customer Service tells you which steps you must follow to return the goods. In any case, the possible return of the goods can only take place after our prior written confirmation.
4. If a delivered product does not meet your order and provided that the procedure stated in ARTICLE 10.1 has been followed, we undertake to replace the product. If the replacement is not possible or disproportionate, we undertake to reimburse you for all payments received, including delivery costs. If a purchase receipt was used with your w order, the net amount (i.e. the purchase price less the amount of the purchase receipt) will be refunded to you. You will receive a new purchase receipt for your next purchase on your specific question to our customer service.
ARTICLE 11 – DELIVERY AND IMPLEMENTATION
1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated about this in Article 4 of these general terms and conditions, the company will accept accepted orders with due speed, but within fourteen days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be delivered to you, the consumer will be notified of this within one month of placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. In the event of termination in accordance with the previous paragraph, the trader will refund the amount the consumer has paid as quickly as possible, but within 30 days after termination.
5. If delivery of an ordered product appears to be impossible, the entrepreneur will endeavor to make a replacement item available. When it is delivered, you will be notified in a clear and comprehensible manner that a replacement item is being delivered. With replacement items the right of withdrawal cannot be closed. The costs of return shipment are borne by the entrepreneur.
6. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless you have expressly agreed otherwise.
ARTICLE 12 – DURATION OF TRANSACTIONS
1. The consumer can cancel an agreement that has been entered into for an indefinite period of time at any time with due observance of the agreed termination rules and a notice period of at most one month.
2. An agreement that has been entered into for a definite period has a maximum duration of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the contract will be continued as a contract for an indefinite period of time and the cancellation period after continuation of the contract will be a maximum of one month.
ARTICLE 13 – PAYMENT
1. Insofar as it has not been agreed later, the amounts owed by the consumer must be paid within fourteen days after delivery of the goods or, in the case of an agreement to provide a service, within 14 days after the delivery of the documents relating to this agreement .
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service (s), before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment data provided or specified to the entrepreneur.
4. In the event of a default 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
1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
2. Complaints about the implementation of the agreement must be submitted promptly, fully and clearly described to the entrepreneur, after the consumer has found the defects.
3. 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.
ARTICLE 15 – HANDLING OF COMPLAINTS AND DISPUTES
1. We always hope to fully satisfy our clients. However, if you wish to make a complaint regarding our products or services, do not hesitate to contact the customer service. We do everything necessary to process your complaint within 14 days.
2. Every contract that is concluded with our customers, regardless of the customer’s place of residence, you are exclusively governed by Belgian law and your only the Belgian courts are competent to hear any disputes. If another law is applicable under international law, reference is first made to the Belgian legislation on market practices and consumer protection for the interpretation of these general terms and conditions.
3. Disputes between the consumer and the entrepreneur about the establishment or implementation of agreements with regard to products and services to be supplied or supplied by this entrepreneur can, subject to the provisions below, be submitted by both the consumer and the entrepreneur to BeCommerce.
4. A dispute will only be dealt with by the Disputes Committee if the consumer first submitted his complaint to the entrepreneur within a reasonable period of time.
5. The entrepreneur is bound by this choice of the consumer to submit a dispute to BeCommerce.
6. If the entrepreneur requests the intervention, within five weeks of a written request from the entrepreneur, the consumer will have to speak to him in writing whether he wishes this or wants the dispute dealt with by the competent court. If the entrepreneur does not hear of the consumer’s choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
7. BeCommerce makes your claim under the conditions as laid down in their Rules of Procedure. The decisions of the Disputes Committee are made by means of binding advice.
8. The Disputes Committee will not deal with a dispute or cease treatment if the entrepreneur has been granted a moratorium, if it has become bankrupt or has actually terminated its business activities, before a dispute has been dealt with by the committee at the hearing and a final judgment has been given.
9. As a customer you can also submit a complaint via the “Online Dispute Resolution” platform of the European Commission.
ARTICLE 16 – WE TAKE PRIVACY EXTREMELY SERIOUS
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ARTICLE 18 – ADDITIONAL OR DIFFERENT PROVISIONS
1. Supplementary 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 these can be stored by the consumer in an accessible manner on a durable medium.