The following definitions apply in these terms and conditions:
1. Withdrawal period: period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who concludes a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance agreement concerning a series of products and / or services whose delivery and / or purchase obligation is spread over time;
5. Durable data carrier: any means that allows the consumer or entrepreneur to store information addressed to him personally in such a way that future consultation and unaltered reproduction of the stored information is possible;
6. Right of withdrawal: possibility for the consumer to withdraw from the distance contract within the reflection period;
7. Model form: the model withdrawal form that the entrepreneur provides that a consumer can fill in when he wishes to make use of his right of withdrawal;
8. Entrepreneur: the natural or legal person who offers products and / or services to consumers remotely;
9. Distance agreement: agreement whereby, within the framework of a system organized by the entrepreneur for the distance selling of products and / or services, until the conclusion of the agreement, the use is exclusively made of one or more distance communication techniques;
10. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and the trader being in the same place at the same time.
11. General Conditions: these General Conditions of the Contractor.
Article 2 – Identity of the entrepreneur
Company number: BE 0441.923.585
02 245 40 22
+32 479 16 4588
Section 3 – Applicability
3.1. These general terms and conditions apply to every offer of the entrepreneur and to every distance agreement and order between entrepreneur and consumer.
3.2. Before the distance contract 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 agreement 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.
3.3. 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 the consumer can simply be stored on a durable data medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
3.4. In the event that specific product or service conditions apply in addition to these general 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 which is the most favorable. East.
3.5. If any provision or provisions of these terms and conditions are at any time wholly or partially invalid or become void, the rest of the agreement and these terms will remain in force and the provision in question will be replaced without delay by a provision which as far as possible the original.
3.6. Situations that are not regulated in these terms and conditions should be assessed “in the spirit” of these terms and conditions.
3.7. Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions should be explained "in the spirit" of these terms and conditions.
Section 4 – The offer
4.1. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
4.2. The offer is non-binding. The entrepreneur has the right to change and adjust the offer.
4.3. The offer contains a full and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a correct 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.
4.4. All images, specifications, data of the offer are indicative and cannot give rise to compensation or termination of the contract.
4.5. Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the actual colors of the products.
4.6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in
the price including VAT; any shipping costs; the manner in which the agreement will be concluded and the actions necessary for this purpose; the application or not of the right of withdrawal; the method of payment, delivery and implementation of the agreement;
4.7. the period for accepting the offer or the period within which the entrepreneur guarantees the price;
4.8. the level of the distance communication tariff if the costs of using the technique of distance communication are calculated on a basis other than the normal basic tariff for the means of communication used;
4.9. whether the agreement will be archived after its conclusion and, if so, how the consumer will be able to access it;
4.10. the way in which the consumer, before concluding the contract, can check the information he has provided under the contract and, if necessary, return it;
4.11. any other languages in which, in addition to Dutch, the agreement can be concluded;
4.12. the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; And
4.12.1. the minimum duration of the distance contract in the event of an extended transaction.
4.12.2. Optional: sizes, colors, type of materials available.
Section 5 – The agreement
5.1. The agreement is subject to the provisions of paragraph 4, concluded at the moment the consumer accepts the offer and fulfills the corresponding conditions.
5.2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can withdraw from the contract.
5.3. 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.
5.4. The entrepreneur can – within the framework of the law – inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a successful conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to conclude the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
5.5. The entrepreneur will send the following information together 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:
5.6. the visiting address of the establishment of the entrepreneur where the consumer can complain;
5.7. the conditions and the way in which the consumer can exercise his right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
5.8. information on guarantees and existing service after purchase;
5.9. the information set out in Article 4(3) of these general terms and conditions, unless the trader has already provided this information to the consumer before the performance of the contract;
5.10 the conditions for canceling the contract if the contract has a duration of more than one year or is of indefinite duration.
5.11. In the case of an extended transaction, the provision of the preceding paragraph only applies to the first delivery.
5.12. Any agreement is concluded under the suspensive conditions of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
When delivering products:
6.1. When purchasing products, the consumer has the option to withdraw from the contract for 7 days without giving any reason. This withdrawal period begins on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
6.2. During the reflection 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 – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the contractor.
6.3 If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 7 days of receipt of the product. The consumer must make this known by using the model form. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 7 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
6.4. If after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal, respectively. the product has not been returned to the entrepreneur, the purchase is a fact.
Upon delivery of services:
Upon delivery of the services, the consumer has the option to dissolve the contract without giving any reason for at least 7 days, starting from the day of the conclusion of the contract.
6.5. 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 on delivery.
Section 7 – Fees in the event of withdrawal
7.1. If the consumer makes use of his right of withdrawal, the return costs will be borne by the maximum.
7.2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 7 days of withdrawal. This is subject to the condition that the product has already been returned by the online retailer or conclusive proof of complete return can be submitted. Reimbursement will be made via the same means of payment used by the consumer, unless the consumer explicitly authorizes another method of payment.
7.3. In the event of damage to the product due to improper handling by the consumer himself, the consumer is liable for any depreciation of the product.
7.4. The consumer cannot be held liable for a depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase contract.
Section 8 – Exclusion of the right of withdrawal
8.1. 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 entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
8.2. The exclusion of the right of withdrawal is only possible for products:
8.3. which have been drawn up by the entrepreneur in accordance with the specifications of the consumer;
- that are clearly personal in nature;
- which cannot be returned due to their nature;
- which can spoil or age quickly;
- the price of which depends on fluctuations in the financial market over which the entrepreneur has no influence;
- for individual 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.
- The exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, catering or leisure to be carried out on a certain date or during a certain period;
- the delivery of which has begun with the express consent of the consumer before the expiry of the withdrawal period;
- regarding betting and lotteries.
Section 9 - The price
- During the period of validity indicated 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 at variable prices which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that the prices quoted are target prices are stated in the offer.
- Price increases within 3 months of the conclusion of the agreement are only permitted if they result from legal regulations or provisions.
- Price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
- these are the result of legal regulations or provisions; Or
- the consumer has the power to dissolve the contract as of the day on which the price increase takes effect.
- The prices indicated in the range of products or services include VAT.
- All prices are subject to printing and typing errors. We accept no liability for the consequences of printing and typesetting errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Section 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 reliability and / or usability and the legal provisions and / or legal provisions existing on the date of the conclusion of the agreement. 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.
- Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks of delivery. Returned products must be in their original packaging and in new condition.
- The contractor's warranty period corresponds to the factory 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 himself or has had them repaired and / or modified by third parties;
- The delivered products have been exposed to abnormal circumstances or are otherwise negligently treated or contrary to the instructions of the entrepreneur and / or have been treated on the packaging;
- The defect is wholly or partly the result of regulations that the government has or will establish regarding the nature or quality of the materials used.
Section 11 – Delivery and implementation
- The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has communicated to the company.
- Taking into account what is stated on this subject in paragraph 4 of this article, the company will execute accepted orders as soon as possible, but at the latest within 30 days, unless the consumer has accepted a longer delivery period. If the delivery is delayed, or if an order cannot or partially be executed, the consumer will be informed of this no later than 30 days after placing his order. In this case, the consumer has the right to dissolve the contract free of charge. The consumer is not entitled to any compensation.
- All delivery times are indicative. The consumer cannot derive any rights from a specified period. Exceeding a period does not entitle the consumer to compensation.
- In the event of termination in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but at the latest within 7 days of termination.
- If delivery of an ordered product seems impossible, the entrepreneur will endeavor to make a replacement item available. At the latest on delivery, it will be specified in a clear and comprehensible manner that a replacement article is delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of a possible return are 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 designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
Section 12 – Duration transactions: duration, cancellation and extension
- The consumer may at any time terminate an agreement concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services in compliance with the agreed termination rules and a notice period. no more than one month.
- The consumer may at any time terminate an agreement which has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services in compliance with the agreed termination rules and a notice period of at least one month maximum.
- The consumer can the agreements mentioned in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a specific time or within a specific period;
- at least cancel in the same way as they are concluded by him;
- always cancel with the same cancellation period as the entrepreneur has set himself.
- An agreement concluded for a fixed period and which extends to the regular delivery of products (including electricity) or services, cannot be tacitly extended or renewed for a fixed period.
- Contrary to the previous paragraph, a contract concluded for a fixed period and extending to the regular delivery of daily, weekly and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer concludes this extended contract against may terminate the extension with a notice period of no more than one month.
- An agreement concluded for a definite period and extending to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate at any time a notice period of no more than one month and a notice period of not more than three months if the agreement extends to the regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.
- A contract of limited duration for the regular introduction of daily newspapers, news and weeklies and magazines (trial or introductory subscription) is not tacitly extended and ends automatically after the essay or introductory.
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a cancellation period of no more than one month, unless reasonableness and fairness prevent cancellation before the end of the agreed period.
Article 13 – Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6(1). In the case of a service provision agreement, this period begins after the consumer has received confirmation of the agreement.
- The consumer has the duty to immediately report inaccuracies in the payment data provided or declared to the entrepreneur.
- In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.
Article 14 – Complaints
- The entrepreneur has a well-publicized complaint and deals with complaints under this procedure.
- Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days, after the consumer has noticed the defects.
- Complaints addressed to the entrepreneur will receive a response within 14 days from the date of receipt. If a complaint requires a longer and foreseeable processing time, the entrepreneur will respond within 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 through mutual consultation, a dispute arises and is submitted to the dispute resolution procedure.
- In the event of a complaint, the consumer must first turn to the entrepreneur. If the online store is affiliated with AXESS EU SA and complaints that cannot be resolved in mutual consultation, the consumer should contact AXESS EU SA, which will mediate free of charge. . If a solution has not yet been found, the consumer has the option of having his complaint dealt with by the independent disputes committee appointed by AXESS EU SA, the decision is binding and both the entrepreneur and the consumer agree with this binding decision. The submission of a dispute to this dispute committee entails costs which must be paid by the consumer to the competent committee. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
- If a complaint proves to be justified by the entrepreneur, the entrepreneur of his choice or the delivered products will be replaced or repaired free of charge.