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 – Costs in case of withdrawal
- Article 8 – Exclusion of right of withdrawal
- Article 9 – The price
- Article 10 – Compliance and warranty
- Article 11 – Delivery and execution
- Article 12 – Duration transactions: duration, termination and renewal
- Article 13 – Payment
- Article 14 – Complaints scheme
- Article 15 – Disputes
- Article 16 – Additional or different provisions
Article 1 – Definitions
In these terms and conditions, the following definitions shall apply:
- Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Duration transaction: a distance contract relating to a range of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable data carrier: any means that enables the consumer or trader to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Model form: the model withdrawal form made available by the trader which a consumer can fill in when he wants to exercise his right of withdrawal.
- Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
- Remote agreement: an agreement under which, in the context of a system organised by the trader for the distance selling of products and/or services, up to and including the moment that the agreement is concluded, exclusive use is made of one or more means of distance communication;
- Technology for remote communication: means that can be used to conclude an agreement, without the consumer and trader being together in the same room at the same time.
- Terms and Conditions: the present Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
- Bart Lodewyckx, business manager;
- Corbiestraat 24, Mol;
- Maagdendries 3, Hasselt;
- Telephone number: +32 14 31 80 05, to be reached during office hours;
- E-mail address: firstname.lastname@example.org
- KvK-number: 0822117362
- VAT identification number: BE0822117362
Article 3 – Applicability
- These general terms and conditions apply to every offer by the entrepreneur and to every distance contract and order concluded 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and that, at the consumer's request, they will be sent free of charge as soon as possible.
- 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 data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be inspected electronically and that at the consumer's request they will be sent electronically or otherwise free of charge.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.
- If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as much as possible.
- Situations not covered by these general terms and conditions are to be assessed in line with these general terms and conditions.
- Uncertainties about the interpretation or content of one or more provisions of our terms and conditions are to be interpreted in line with these general terms and conditions.
Article 4 – The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
- The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products and/or services on offer. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
- All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
- Images accompanying products are a true representation of the products on offer. Operator cannot guarantee that the colours displayed correspond exactly to the real colours of the products.
- Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- the possible costs of shipment;
- the manner in which the agreement will be concluded and which actions are necessary for that purpose;
- whether or not the right of withdrawal is applicable;
- the method of payment, delivery and performance of the agreement;
- the period for accepting the offer, or the period within which the trader guarantees the price;
- the amount of the rate of distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
- whether the agreement is archived after its conclusion and, if so, how it can be accessed by the consumer;
- the way in which the consumer, before concluding the contract, can check the data provided by him under the contract and, if desired, rectify them;
- any other languages in which, in addition to Dutch, the agreement may be concluded;
- the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a duration 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 out therein.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of 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 agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur may - within legal frameworks - 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, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
- The entrepreneur will include 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 way 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 information on warranties and existing after-sales service;
- the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
- In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
- Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 – Right of withdrawal
On delivery of products:
- When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
- During the reflection 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 assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the trader within 14 days of receiving the product. The consumer must make this known using the model form. After the consumer has expressed his wish to make use of his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, e.g. by means of proof of dispatch.
- If the customer has not expressed his wish to use his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
On provision of services:
- When services are supplied, the consumer has the option of dissolving the contract without giving reasons for at least 14 days starting from the day of entering into the contract.
- To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the operator at the time of the offer and/or at the latest upon delivery.
Article 7 – Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, at most the costs of return shipment will be at his expense.
- If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive evidence of complete return can be presented. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly authorises a different payment method.
- If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any depreciation in value of the product.
- The consumer cannot be held liable for depreciation of the product if not all legally required information on the right of withdrawal has been provided by the entrepreneur, this should be done before the conclusion of the purchase agreement.
Article 8 – Exclusion of right of withdrawal
- The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before concluding the contract.
- Exclusion of the right of withdrawal is only possible for products:
- brought about by the entrepreneur in accordance with the consumer's specifications;
- which are clearly personal in nature;
- which by their nature cannot be returned;
- which can spoil or age quickly;
- the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for single newspapers and magazines;
- for audio and video recordings and computer software whose seals have been broken by the consumer.
- for hygienic products whose seals have been broken by the consumer.
- Exclusion of the right of withdrawal is only possible for services:
- concerning logistics, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
- whose delivery has started with the consumer's express consent before the cooling-off period has expired;
- on betting and lotteries.
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.
- Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any stated prices are target prices shall be stated with the offer.
- Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
- they result from statutory regulations or provisions; or
- the consumer has the power to terminate the agreement from the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
- All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors. In the event of misprints and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 – Compliance 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 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.
- 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 on the basis of the agreement.
- Any defective or wrongly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
- The entrepreneur's guarantee period corresponds to the manufacturer's guarantee period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
- The guarantee does not apply if:
- The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or treated on the packaging;
- The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government on the nature or quality of the materials used.
Article 11 – Delivery and execution
- The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with convenient speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to any compensation.
- All delivery periods are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a term does not entitle the consumer to compensation.
- In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
- If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by 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 previously designated and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 – Duration transactions: duration, termination and renewal
- The consumer may terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services at any time, subject to agreed termination rules and a notice period not exceeding one month.
- The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time towards the end of the fixed-term, subject to agreed termination rules and a notice period not exceeding one month.
- The consumer may amend the agreements mentioned in the previous paragraphs:
- terminate at any time and not be limited to termination at a particular time or period;
- at least terminate them in the same way as they were entered into by him;
- always terminate with the same notice period as the entrepreneur has stipulated for himself.
- An agreement entered into for a definite period of time and which extends to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a definite period of time.
- Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.
- A fixed-term contract that has been concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer may terminate the contract at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract relates to the regular, but less than once a month, delivery of daily or weekly newspapers and magazines.
- A fixed-term contract for the regular supply of daily or weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
- If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
- Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In 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 immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
- In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints scheme
- The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints on the performance of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has identified 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice 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 which is susceptible to dispute resolution.
- For complaints, a consumer should first turn to the entrepreneur. If the web shop is affiliated with Stichting WebwinkelKeur and for complaints that cannot be solved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check if this online shop has a current membership through https://www.webwinkelkeur.nl/leden/. Should a solution still not be found, the consumer has the option to have his complaint dealt with by the independent dispute committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both entrepreneur and consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that have to be paid by the consumer to the committee in question. It is also possible to file complaints via the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the operator's obligations unless the operator indicates otherwise in writing.
- If a complaint is found valid by the operator, the operator will, at its discretion, either 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 relate are exclusively governed by Dutch law. Even if the consumer resides abroad.
- The Vienna Sales Convention does not apply.
Article 16 – 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.