Terms and conditions
Table of contents:
- Article 1 - Definitions
- Article 2 - Identity of the entrepreneur
- Article 3 - Applicability
- Article 4 - The offer
- Article 5 - The agreement
- Article 6 - Right of withdrawal
- Article 7 - Obligations of the consumer during the withdrawal period
- Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
- Article 9 - Obligations of the entrepreneur in the event of withdrawal
- Article 10 - Exclusion of the right of withdrawal
- Article 11 - The price
- Article 12 - Performance and additional guarantee
- Article 13 - Delivery and execution
- Article 14 - Payment
- Article 15 - Damages
- Article 16 - Complaints
- Article 17 - Disputes
- Article 18 - Additional or different provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Agreement: an obligation whereby the consumer acquires products in connection with a distance contract and these items are delivered by the entrepreneur;
Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person not acting for purposes related to his trade, business, craft or profession activity;
Day: working day;
Durable medium: any tool - including e-mail - that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use;
Revocation form: form to make known, that the consumer exercises the right of withdrawal;
Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;
Entrepreneur: the natural or legal person offering products to consumers or third parties;
Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, whereby, up to and including the conclusion of the agreement, sole or joint use is made of one or more techniques for distance communication;
Technique for distance communication: medium that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time;
Article 2 – Identity of the entrepreneur
Astridplein 10 - 8670 Oostduinkerke
Telephone: +32 085 808 10 76
E-mail: [email protected]
COC number: 73365408
VAT-number: BE 0738.913.336
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer. Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer through a link on the website and through a link at the Checkout. After accepting the general terms and conditions at the Checkout, the consumer is deemed to be aware of his rights and obligations.
Article 4 – The offer
The offer contains a complete and accurate description of the products on offer. The description is sufficiently detailed and the images are a true representation of what is on offer, in order to enable a proper assessment by the consumer. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Article 5 – he agreement
The agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will also confirm receipt of the agreement electronically. As long as the receipt has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
The entrepreneur takes appropriate technical and organisational measures to protect the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to dissolve it.
The entrepreneur will, at the latest upon delivery of the product, send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
- the visiting address of the trader's establishment to which the consumer can address complaints;
- the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
- the price including all taxes of the product; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance agreement;
- if the consumer has a right of withdrawal, a link to the withdrawal form.
Article 6 – Right of withdrawal
The consumer can dissolve an agreement relating to the purchase of a product during a 14-day cooling-off period. However, the consumer must report this to the entrepreneur.
The cooling-off period referred to in Article 1, starts the day after the consumer, or a third party designated in advance by the consumer (who is not the carrier), has received the product.
If the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal or the link to the withdrawal form, the cooling-off period expires 12 months after the end of the original cooling-off period.
If, within 12 months, the entrepreneur has provided the consumer with the information referred to in the previous paragraph, the cooling-off period expires 14 days after the day on which the consumer received that information.
Article 7 – Obligations of the consumer during the withdrawal period
During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for diminished value of the product resulting from a way of handling the product that goes beyond what is allowed in paragraph 1.
The consumer is not liable for depreciation of the product if the trader did not provide him with all legally required information on the right of withdrawal before or at the conclusion of the contract.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the withdrawal period by means of the withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorised representative of) the entrepreneur. The consumer has complied with the return period in any case if he returns the product before the cooling-off period has expired.
The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer shall bear the direct costs of returning the product.
If the consumer exercises his right of withdrawal, all additional contracts shall be dissolved by operation of law.
Article 9 – Obligations of the entrepreneur in the event of withdrawal
If the entrepreneur enables the consumer to report his withdrawal electronically, he shall send a confirmation of receipt without delay after receiving this report.
The entrepreneur reimburses all payments made by the consumer, including the shipping costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. The entrepreneur may wait with repayment until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
For reimbursement, the entrepreneur shall use the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
Article 10 – Exclusion of the right of withdrawal
Products, which are not stock items and have been specially ordered at the request of or for the consumer, are excluded from the right of withdrawal. The consumer is deemed to be aware of the quality, shape and specifications of the product. The entrepreneur can in no way, be held responsible, that the ordered product does not meet the requirements of the consumer.
Article 11 – The price
The prices quoted by the entrepreneur always include VAT. Shipping costs depend on destination country and weight. The total weight of the order is automatically calculated by the entrepreneur's system and the shipping rate will be adjusted accordingly.
The entrepreneur cannot increase prices once the sales contract has been concluded.
Despite the fact that the entrepreneur takes care to minimise pricing errors, it can still happen that a product is wrongly priced. Therefore, the entrepreneur is always entitled to dissolve the sales contract if it turns out that an error in pricing has been established. The sales contract can also be dissolved due to an incorrect or changed VAT rate. The entrepreneur must notify the consumer of this within 24 hours and dissolve the agreement. The amount already paid by the consumer, will also be refunded within 24 hours.
Article 12 – Performance and additional guarantee
De ondernemer staat er voor in dat de producten en/of diensten voldoen aan de overeenkomst, de in het aanbod vermelde specificaties, aan de redelijke eisen van deugdelijkheid en/of bruikbaarheid en de op de datum van de totstandkoming van de overeenkomst bestaande wettelijke bepalingen en/of overheidsvoorschriften. Indien overeengekomen staat de ondernemer er tevens voor in dat het product geschikt is voor ander dan normaal gebruik.
Een door de ondernemer, diens toeleverancier, fabrikant of importeur verstrekte extra garantie beperkt nimmer de wettelijke rechten en vorderingen die de consument op grond van de overeenkomst tegenover de ondernemer kan doen gelden indien de ondernemer is tekortgeschoten in de nakoming van zijn deel van de overeenkomst.
Onder extra garantie wordt verstaan iedere verbintenis van de ondernemer, diens toeleverancier, importeur of producent waarin deze aan de consument bepaalde rechten of vorderingen toekent die verder gaan dan waartoe deze wettelijk verplicht is in geval hij is tekortgeschoten in de nakoming van zijn deel van de overeenkomst.
Article 13 – Delivery and execution
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 existing statutory provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An extra guarantee provided by the entrepreneur , his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against the trader on the basis of the contract if the trader has failed to fulfil his part of the contract.
Extra warranty means any commitment by the entrepreneur, his supplier, importer or manufacturer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfil his part of the agreement.
Article 14 – Payment
Unless otherwise stipulated in the agreement or additional terms and conditions, the amounts owed by the consumer should be paid within 3 working days of the start of the agreement. Thereafter, the consumer will be notified by the entrepreneur, to make the payment within 24 hours, to avoid dissolution of the agreement. If this does not happen, the entrepreneur is entitled to dissolve the agreement.
It is not possible for a consumer or third party to buy on account.
Article 15 - Damages
Damage means defects to the product itself, not to the packaging. The entrepreneur tries to minimise the risk of wear and tear or damage to the packaging, but unfortunately this cannot always be prevented. Damage to the product itself will be honoured, damage to the packaging will not. The consumer should report damage to the trader within 7 days of receipt. The entrepreneur will respond to the report within 5 days.
Article 16 – Complaints
Complaints on the execution of the agreement, must be submitted to the entrepreneur within 7 days after receipt by the consumer or third party, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within 5 days of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will also notify the customer within 5 days and an indication will be given, when the consumer can expect a more detailed answer.
It is also possible to submit complaints via the European ODR platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage)
Article 17 – Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Belgian law. Even if the consumer resides abroad.
Article 18 – Additional or different provisions
Additional provisions or provisions deviating 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 by the consumer in an accessible manner on a durable data carrier.