General terms and conditions
Article 1 – Definitions
In these terms, the following terms are understood as:
Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
• Consumer: The natural person who does not act in the course of business or profession and enters into a distance contract with the entrepreneur.
• Day: Calendar day.
• Long-term transaction: A distance agreement concerning a series of products and/or services, of which the delivery and/or performance obligation is spread over time.
•Durable data carrier: Any medium that allows the consumer or entrepreneur to store information addressed personally to them in a way that enables future consultation and unchanged reproduction of the stored information.
• Right of withdrawal: The possibility for the consumer to cancel the distance agreement within the cooling-off period.
• Entrepreneur: The natural or legal person who offers products and/or services remotely to consumers.
• Distance agreement: An agreement whereby, within the framework of a system organized by the entrepreneur for remote sales of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for remote communication are used.
•Technique for remote communication: A means that can be used for concluding an agreement without the consumer and entrepreneur simultaneously meeting 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 cancel the agreement within a cooling-off period of 30 days without giving any reason. During the cooling-off period, the consumer must handle the product and packaging with care.
If the consumer uses their right of withdrawal, they will return the product with all provided accessories and, if possible, in its original condition according to reasonable instructions from the entrepreneur.
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and every distance agreement and order between the entrepreneur and the consumer.
Before the distance agreement 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 agreement is concluded that the general terms and conditions are available for review at the entrepreneur and will be sent to the consumer free of charge upon request as soon as possible.
If the distance agreement is concluded electronically, the text of these general terms and conditions can be provided electronically to the consumer in such a way that it can be stored easily by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge at the consumer’s request.
In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third sections will apply accordingly, and in the case of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to them.
If one or more provisions in these general terms and conditions are found to be void or unenforceable at any time, the agreement and these terms and conditions will remain in effect, and the respective provision will be replaced by a provision that, to the extent possible, approximates the original intent in mutual agreement.
Situations not addressed in these general terms and conditions should be assessed "in the spirit" of these terms. Any ambiguities in the interpretation or content of one or more provisions of our terms should be interpreted "in the spirit" of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited validity or is subject to conditions, this will be explicitly 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 offered products and/or services. The description is detailed enough to allow the consumer to make a proper evaluation of the offer.
If the entrepreneur uses images, these are an accurate representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot be a reason for compensation or cancellation of the agreement.
Images of products are an accurate representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that the consumer clearly knows the rights and obligations related to the acceptance of the offer. This includes in particular:
• The potential costs of shipping.
• The way in which the agreement will be concluded and what actions are required for this.
• The applicability or non-applicability of the right of withdrawal.
• The method of payment, delivery, and execution of the agreement.
• The period for accepting the offer, or the period during which the entrepreneur guarantees the price.
• The amount of the communication fee for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular base rate for the communication method used.
• Whether the agreement will be archived after it is concluded and, if so, how it can be consulted by the consumer.
• The way in which the consumer can check the data provided by them in the context of the agreement before the agreement is concluded and, if desired, correct it.
• Other languages in which the agreement can be concluded, besides English.
• The codes of conduct the entrepreneur has adhered to and how the consumer can consult these codes electronically.
• The minimum duration of the distance agreement in the case of a long-term transaction.
Optional: available sizes, colors, types of materials.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions in section 4, at the moment the consumer accepts the offer and fulfills the conditions set out.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. Until the receipt of this acceptance has been confirmed by the entrepreneur, the consumer can cancel the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety measures for this.
The entrepreneur can – within legal limits – check whether the consumer can meet their payment obligations, as well as any facts and factors that are relevant for responsibly entering into the distance agreement. If the entrepreneur has good reasons based on this investigation to refuse the agreement, they are entitled to refuse the order or application with justification or to attach special conditions to the execution.
The entrepreneur will provide the consumer with the following information, in writing or in such a way that it can be stored in an accessible manner on a durable data carrier:
• The business address where the consumer can file complaints.
• The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal.
• The information about warranties and after-purchase services.
• The data mentioned in article 4 section 3, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement.
• The requirements for termination of the agreement if the agreement lasts for more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the previous section applies only to the first delivery. Every agreement is entered into under the suspensive condition of sufficient availability of the respective products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the possibility to cancel the agreement without giving any reason within 30 days.
This cooling-off period begins the day after the consumer receives the product or a representative designated by the consumer, previously communicated to the entrepreneur.
During the cooling-off period, the consumer must handle the product and packaging carefully. They may unpack or use the product only to the extent necessary to assess whether they want to keep the product.
If they exercise their right of withdrawal, they will return the product with all provided accessories and, if reasonably possible, in the original condition and packaging according to the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 30 days after receiving the product. This notification must be made by written message or email.
After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 30 days. The consumer must provide proof that the goods were returned in time, for example, by means of a proof of shipment.
If the consumer has not informed the entrepreneur of their intention to exercise the right of withdrawal within the periods mentioned in sections 2 and 3 or has not returned the product to the entrepreneur, the purchase is final.
Article 7 – Costs in the Event of Withdrawal
If the consumer exercises their right of withdrawal, the costs for returning the products are borne by the consumer.
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, provided that the product has been returned to the entrepreneur or valid proof of full return can be provided.
Article 8 – Exclusion of Right of Withdrawal
The entrepreneur can exclude the consumer’s right of withdrawal for certain products as described in sections 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time before the agreement is concluded.
Exclusion of the right of withdrawal is only possible for products:
• That have been created by the entrepreneur according to the specifications of the consumer.
• That are clearly of a personal nature.
• That cannot be returned due to their nature.
• That can spoil or age quickly.
• Whose price is dependent on fluctuations in the financial market over which the entrepreneur has no control.
• For single newspapers and magazines.
• For media and video recordings and computer software that the consumer has broken the seal.
• For hygienic products that the consumer has broken the seal.
Article 9 – The Price
During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous section, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. This link to fluctuations and the fact that any listed prices are indicative, will be stated in the offer.
Price increases within three months after the agreement is concluded are only allowed if they are due to legal regulations or provisions.
Price increases after three months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
• They are the result of legal regulations or provisions.
• The consumer has the right to cancel the agreement from the day the price increase takes effect.
All prices are subject to printing and typing errors. The entrepreneur accepts no liability for the consequences of printing and typing errors. In the case of printing and typing 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 agreement, the specifications mentioned in the offer, the reasonable quality requirements, and/or usability, and the legal provisions and/or government regulations existing at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can make against the entrepreneur based on the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. The 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 final suitability of the products for any 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 been treated carelessly or in violation of the entrepreneur's instructions and/or packaging.
• The defect is entirely or partially due to regulations imposed by the government regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur will exercise the utmost care when receiving and executing orders for products.
Taking into account the provisions in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 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 partially executed, the consumer will be notified no later than 30 days after placing the order. In this case, the consumer has the right to cancel the agreement at no cost and is entitled to any compensation.
In the case of cancellation according to the previous section, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than 30 days after cancellation.
If delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a substitute item. At the latest upon delivery, it will be clearly and understandably stated that a substitute item is being delivered.
For substitute items, the right of withdrawal cannot be excluded. The costs of any return shipment 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 by the consumer, unless otherwise agreed.
Article 12 – Long-Term Transactions: Duration, Cancellation, and Extension
Cancellation
The consumer may cancel an agreement entered into for an indefinite period that involves the regular delivery of products (including electricity) or services at any time, observing the agreed cancellation rules and a cancellation period of no more than one month.
The consumer may cancel an agreement entered into for a fixed term that involves the regular delivery of products (including electricity) or services at any time, at the end of the specified term, observing the agreed cancellation rules and a cancellation period of no more than one month.
The consumer can cancel the agreements mentioned in the previous sections:
• At any time, without being limited to cancellation at a specific time or during a specific period;
• At least in the same way as they were entered into;
• Always with the same cancellation period as the entrepreneur has set for themselves.
Extension
An agreement entered into for a fixed term that involves the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a specific duration.
However, contrary to the previous section, an agreement entered into for a fixed term involving the regular delivery of daily, news, and weekly newspapers and magazines may be automatically extended for a fixed period of up to three months, provided the consumer can cancel this extended agreement at the end of the extension with a cancellation period of no more than one month.
An agreement entered into for a fixed term that involves the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can cancel at any time with a cancellation period of no more than one month, and a cancellation period of no more than three months in the case of agreements for the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a fixed duration for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically renewed and will end automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a cancellation period of no more than one month, unless fairness and reasonableness oppose cancellation before the agreed term.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the start of the cooling-off period as referred to in article 6 section 1.
In the case of an agreement for the provision of a service, this period begins after the consumer has received the confirmation of the agreement.
The consumer has the duty to promptly report any inaccuracies in the provided or stated payment details to the entrepreneur.
In the case of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs previously made known to the consumer.
Article 14 – Complaint Handling
Complaints regarding the execution of the agreement must be submitted fully and clearly to the entrepreneur within seven days after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt.
If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within the 14-day period 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 is subject to the dispute resolution procedure.
A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
If the complaint is found to be justified by the entrepreneur, they will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Only Belgian law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer resides abroad.