Terms and conditions
Article 1 – Definitions
In these conditions, the following definitions apply:
Cooling-off period: the period during which the consumer can exercise 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.
Fixed-term contract: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time.
Durable medium: any means that allows the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and reproduction of the stored information without modification.
Right of withdrawal: the consumer's option to withdraw from the distance contract during 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 where, within a system organised by the entrepreneur for the remote sale of products and/or services, up to and including the conclusion of the contract, only one or more distance communication techniques are used. Distance communication technique: means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same space.
General Terms and Conditions: these general terms and conditions of the entrepreneur.
Article 2 – Right of withdrawal
The consumer has the right to withdraw from the contract within a 30-day cooling-off period without giving any reason. During the cooling-off period, the consumer will handle the product and its packaging with care.
If the consumer exercises their right of withdrawal, they will return the product with all supplied accessories and, if possible, in its original condition, in accordance with the entrepreneur's reasonable instructions.
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the 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 consulted 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, notwithstanding 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 can be easily stored by the consumer 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 by other means at the consumer's request.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting general conditions, the consumer can always invoke the applicable provision that is most favourable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the contract and these conditions will remain in force for the remainder, and the provision in question will be immediately replaced by mutual agreement with a provision that approximates the spirit of the original provision as closely as possible.
Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions. Any ambiguity regarding the interpretation or content of one or more provisions of our conditions should be interpreted 'in the spirit' of these general terms and conditions.
Article 4 – The offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow 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.
All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the contract.
Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.
Every offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
- Any shipping costs.
- The manner in which the contract will be concluded and the necessary actions for this.
- Whether or not the right of withdrawal applies.
- The method of payment, delivery and execution of the contract.
- The period for accepting the offer or the period within which the entrepreneur guarantees the price.
- The amount of the rate for distance communication if the costs for using the distance communication technique are calculated on a basis other than the normal basic rate for the communication method used.
If the contract is archived after its conclusion and, if so, how it can be consulted by the consumer. - The way in which the consumer can, before concluding the contract, check the data provided by them in the context of the contract and, if desired, correct them.
- The other languages in which, in addition to Dutch, the contract can be concluded.
- The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically.
- The minimum duration of the distance contract in the case of a fixed-term transaction. Optional: available sizes, colours, material types.
Article 5 – The contract
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions stipulated therein.
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 by the entrepreneur, the consumer can dissolve the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
The entrepreneur can, within legal frameworks, check whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
The entrepreneur will send the consumer, along with the product or service, the following information, in writing or in such a way that the consumer can store it accessibly on a durable medium:
- The visiting address of the entrepreneur's establishment where the consumer can lodge complaints.
- The conditions under which and the way in which the consumer can exercise their right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal.
- Information about existing guarantees and after-sales service.
- The information mentioned in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the contract.
- The requirements for terminating the contract if the contract 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 only applies to the first delivery. Every contract is concluded under the suspensive condition of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving reasons for 30 days.
This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and communicated to the entrepreneur.
During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it.
If they exercise their right of withdrawal, they will return the product to the entrepreneur with all supplied accessories and, if reasonably possible, in its original state and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 30 days of receiving the product. The consumer must do this by means of a written message or email.
After having notified their intention to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a shipping receipt.
If, after the expiry of the periods mentioned in paragraphs 2 and 3, the customer has not expressed their intention to exercise their right of withdrawal and/or has not returned the product to the entrepreneur, the sale is considered final.
Article 7 – Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products are at their expense. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after withdrawal. The condition is, however, that the product has already been received by the entrepreneur or conclusive proof of complete return 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 is only possible if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
- That have been made by the entrepreneur according to the consumer's specifications.
- That are clearly personal in nature.
- That cannot be returned due to their nature.
- That can spoil or age quickly.
- Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.
- For loose 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 validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
- They are the result of legal regulations or provisions.
- The consumer has the right to terminate the contract from 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 at the incorrect price.
Article 10 – Conformity and warranty
The entrepreneur guarantees that the products and/or services comply with the contract, 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 of the conclusion of the contract. 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 on the basis of the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. Products must be returned in their 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 had them repaired and/or modified by third parties.
- The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the entrepreneur's instructions and/or those on the packaging.
The defect is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur will exercise the utmost care in receiving and executing product orders.
In accordance with the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, 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 terminate the contract free of charge and is entitled to any compensation.
In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.
If delivery of an ordered product proves impossible, the entrepreneur will endeavour to make a replacement item available. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered.
The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the account of the entrepreneur.
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 communicated to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Fixed-term contracts: duration, termination and extension
Termination
The consumer can terminate a fixed-term contract for the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.
The consumer can terminate a fixed-term contract that extends to the regular supply of products (including electricity) or services at the end of the fixed term, observing the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the contracts mentioned in the preceding paragraphs:
at any time and not limited to termination at a specific time or in a specific period;
at least in the same way as they entered into them;
always with the same notice period as the entrepreneur has stipulated for themselves.
Extension
A contract entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
Notwithstanding the preceding paragraph, a fixed-term contract for the regular delivery of daily, weekly, magazines, and newspapers may be tacitly renewed for a maximum period of three months, if the consumer can terminate this renewed contract at the end of the renewal period with a maximum notice of one month.
A fixed-term contract for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a maximum notice of one month and a maximum notice of three months in the event that the contract relates to the regular, but less than once a month, delivery of newspapers, weeklies, and magazines.
A limited-term contract for the regular delivery of newspapers, weeklies, and magazines on a trial or discovery basis (trial or discovery subscription) is not tacitly renewed and ends automatically after the purchase of the trial or discovery period.
Duration
If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a maximum notice of one month, unless termination before the end of the agreed term is contrary to fairness and reasonableness.
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 referred to in Article 6, paragraph 1.
In the case of a service contract, this period begins after the consumer has received confirmation of the contract.
The consumer is obliged to immediately report any inaccuracies in the payment information provided or mentioned to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs communicated to the consumer in advance.
Article 14 – Complaint procedure
Complaints about the execution of the contract must be submitted to the entrepreneur within seven days of the consumer discovering the defects, fully and clearly described.
Complaints submitted to the entrepreneur will receive a response within 14 days from the date of receipt.
If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that can be submitted to the dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur states otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Belgian law.
Even if the consumer resides abroad.
