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General Terms and Conditions

General Terms and Conditions

Article 1 – Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

Cooling-off period: The period within which the consumer may exercise the right of withdrawal.
Consumer: The natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Continuing performance contract: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable medium: Any instrument that enables the consumer or entrepreneur to store information addressed personally to them in a manner allowing future reference and unaltered reproduction of the stored information.
Right of withdrawal: The consumer’s option to withdraw from the distance contract within the cooling-off period.
Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: An agreement concluded within the framework of an organised system for distance selling of products and/or services whereby, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.
Technique for distance communication: Any means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same place.
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 cooling-off period of 30 days without providing reasons. During the cooling-off period, the consumer shall handle the product and its packaging with care.
If the consumer exercises the right of withdrawal, they shall return the product with all delivered accessories and, if reasonably possible, in the original condition, in accordance with the entrepreneur’s reasonable instructions.

Article 3 – Scope

These General Terms and Conditions apply to every offer of 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 shall be made available to the consumer. If this is not reasonably possible, prior to the conclusion of the distance contract it shall be indicated that the General Terms and Conditions are available for inspection at the entrepreneur’s premises and shall be provided free of charge upon the consumer’s request as soon as possible.

If the distance contract is concluded electronically, the text of these General Terms and Conditions may, in deviation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it shall be indicated where the General Terms and Conditions can be consulted electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request.

Where specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs apply accordingly and the consumer may, in the event of conflicting conditions, rely on the provision most favourable to them.

If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or annulled, the agreement and the remaining provisions of these Terms and Conditions shall remain in force, and the relevant provision shall be replaced without delay by a provision that approximates the original intent as closely as possible.

Situations not provided for in these General Terms and Conditions shall be assessed “in the spirit” of these General Terms and Conditions. Ambiguities about the interpretation or content of one or more provisions shall likewise be interpreted “in the spirit” of 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 shall be expressly stated in the offer. The offer is non-binding. The entrepreneur is entitled to amend or adjust the offer.

The offer shall contain a complete and accurate description of the offered products and/or services. The description shall be sufficiently detailed to enable a proper assessment of the offer by the consumer.

Where the entrepreneur uses illustrations, these shall be a true representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. Images of products are a faithful representation of the offered products. The entrepreneur cannot guarantee that the displayed colours exactly correspond to the actual colours of the products.

Each offer contains sufficient information to make clear to the consumer what rights and obligations are attached to acceptance of the offer, including but not limited to:

Any shipping costs;
The manner in which the agreement will be concluded and which actions are required;
Whether or not the right of withdrawal applies;
The method of payment, delivery, and execution of the agreement;
The period for accepting the offer or the period within which the entrepreneur guarantees the price;
The level of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular base rate;
Whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the consumer;
The manner in which the consumer, prior to conclusion of the agreement, may check and, if desired, correct the information provided in the context of the agreement;
Any other languages in which the agreement may be concluded in addition to Dutch;
The codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically;
The minimum duration of the distance contract in the case of a continuing performance contract;
Optional: available sizes, colours, types of materials.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for this purpose.

Within the limits of the law, the entrepreneur may obtain information on whether the consumer can meet their payment obligations, as well as on all facts and factors relevant to a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, the entrepreneur is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.

The entrepreneur shall provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

The business address of the entrepreneur’s establishment where the consumer can lodge complaints;
The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
The information about warranties and existing after-sales service;
The data included in Article 4(3) of these Terms and Conditions, unless the entrepreneur has already provided this information to the consumer before execution of the agreement;
The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery. Each agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 30 days after withdrawal. This is conditional upon the product having already been received back by the entrepreneur or conclusive proof of complete return shipment having been provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for certain products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, at least prior to conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

Produced by the entrepreneur according to the consumer’s specifications;
Clearly personal in nature;
Which, by their nature, cannot be returned;
Which may spoil or age rapidly;
Whose price is subject to fluctuations on the financial market beyond the entrepreneur’s control;
Single newspapers and magazines;
Audio and video recordings and computer software where the consumer has broken the seal;
Hygienic products where the consumer has broken the seal.

Article 9 – The Price

During the period of validity stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes resulting from changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market and which are beyond the entrepreneur’s control at variable prices. This link to fluctuations and the fact that any stated prices are guide prices shall be stated in the offer.

Price increases within three months after conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from three months after conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

They result from statutory regulations or provisions; or
The consumer has the authority to terminate the agreement effective from the day on which the price increase takes effect.

All prices are subject to printing and typographical errors. No liability shall be accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur warrants 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 statutory provisions and/or government regulations existing on the date of conclusion of the agreement. If agreed, the entrepreneur also warrants that the product is suitable for use other than normal use.

A warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after 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 shall never be 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 altered the delivered products themselves or had them repaired and/or altered by third parties;
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or packaging;
The defect is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur shall exercise the greatest possible care in receiving and executing orders for products.

Subject to what is stated in Article 4 of these General Terms and Conditions, the company shall execute accepted orders with due speed 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 or can only partially be executed, the consumer shall be notified of this no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement without costs and is entitled to possible compensation.

In the event of dissolution pursuant to the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur shall make an effort to provide a substitute article. It shall be clearly and comprehensibly stated at the latest upon delivery that a substitute article is being supplied.

In the case of substitute 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 previously designated representative notified to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuing Performance Contracts: Duration, Termination and Renewal

Termination
The consumer may terminate an agreement concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement concluded for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

In the agreements referred to in the preceding paragraphs, the consumer may:

Terminate at any time and is not limited to termination at a specific time or during a specific period;
Terminate at least in the same manner as they were entered into;
Always terminate with the same notice period as the entrepreneur has stipulated for itself.

Renewal
An agreement concluded for a fixed period and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

In deviation from the previous paragraph, an agreement concluded for a fixed period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement concluded for a fixed period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the event the agreement extends to the regular but less than once per month delivery of daily, news and weekly newspapers and magazines.

An agreement with limited duration for the regular delivery by way of introduction of daily, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and ends automatically after purchase of the trial or introductory period.

Duration
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 notice period of no more than 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 must be paid within seven working days after the commencement of the cooling-off period referred to in Article 6(1).

In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.

The consumer has the obligation to promptly notify the entrepreneur of inaccuracies in provided or stated payment details.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory limitations, to charge the reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure

Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within seven days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the 14-day period with a notice of receipt and an indication of when the consumer may expect a more detailed reply.

If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at its option, replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these General Terms and Conditions relate are exclusively governed by Belgian law.

This also applies if the consumer resides abroad.