TERMS & CONDITIONS

Article 1

 Definitions In these terms and conditions, the following definitions apply: Withdrawal period: the period within which the consumer can make use of 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 that relates to a series of products and/or services whose delivery and/or purchase obligation is staggered over time; Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in such a way that future consultation and unaltered reproduction of the stored information is possible. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period; Entrepreneur: the natural or legal person who offers goods and/or services to consumers at a distance; Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance selling of goods and/or services, up to and including the conclusion of the agreement, exclusively one or more techniques of distance communication are used

General terms and conditions: these general terms and conditions of the entrepreneur.

Article 2

- Company number: [1010.189.375] Sales tax identification number: [BE1010.189.375]

Article 3

-Applicability These general terms and conditions apply to every offer made by 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 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 trader's premises and they will be sent to the consumer free of charge as soon as possible upon request. If the distance contract is concluded electronically, the text of these general terms and conditions can be sent to the consumer free of charge, notwithstanding the previous paragraph and before the distance contract is concluded The contract must be made available electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible before

If this is not possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer's request. In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him. If one or more provisions of these general terms and conditions should at any time be wholly or partially invalid or void, the remainder of the agreement and these terms and conditions shall remain in force and the provision in question shall be replaced immediately by mutual agreement by a provision that comes as close as possible to the meaning and purpose of the original provision. Situations not provided for in these General Terms and Conditions shall be assessed ‘in the spirit’ of these General Terms and Conditions. Any ambiguities with regard to the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted ‘in the spirit’ of these General Terms and Conditions.

Article 4

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer. The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make an informed evaluation of the offer. If the entrepreneur uses images, they represent an accurate portrayal of the offered products and/or services. Obvious errors in the offer do not bind the entrepreneur. All images and information in the offer are indicative and cannot be a reason for compensation or cancellation of the contract. The images of the products are a faithful 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 it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This particularly includes: the price including taxes; any shipping costs; the manner in which the contract is concluded and what actions are required; whether the right of withdrawal applies or not; the method of payment, delivery, and fulfillment of the contract; the deadline for accepting the offer or the period within which the entrepreneur guarantees the price; the communication tariffs if the costs of using the communication technology are calculated on a basis other than the standard rate for the communication medium used; whether the contract will be archived after its conclusion and, if so, how the consumer can access it; the manner in which the consumer can review and, if desired, correct the information they provided under the contract before concluding the contract; any other languages besides Dutch in which the contract can be concluded; the codes of conduct the entrepreneur has submitted to and the manner in which the consumer can view these codes electronically; and the minimum duration of the distance contract in the case of a continuous contract. Optional: available sizes, colors, types of materials.

Article 5

The Contract
The contract is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions set out therein. If the consumer accepts the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance of the offer electronically. Until the entrepreneur confirms receipt of the acceptance, the consumer can cancel the contract. If the contract is concluded electronically, the entrepreneur must take appropriate technical and organizational measures to protect electronic data transmission and ensure a secure web environment. The entrepreneur may, within the legal framework, obtain information about whether the consumer can meet their payment obligations, as well as about any facts and factors that are important for the responsible conclusion of the distance contract. If, based on this review, the entrepreneur has valid reasons not to conclude the contract, they are entitled to refuse an order or application or make the execution conditional on specific terms. The entrepreneur must provide the consumer with the following information in writing or in a manner that allows the consumer to store it on a durable medium:
a. the visiting address of the entrepreneur's establishment to which the consumer can address any complaints;
b. the conditions and the manner in which the consumer can exercise their right of withdrawal, or clear information that they are exempt from the right of withdrawal;
c. information about warranties and after-sales services;
d. the information contained in Article 4(3) of these terms and conditions, unless the entrepreneur has already provided the consumer with this information before the execution of the contract;
e. the conditions for the termination of the contract if the contract has a term of more than one year or is of indefinite duration. In the case of a contract with a fixed term, the provision in the previous sentence only applies to the first delivery.
Every contract is concluded under the suspensive condition of the availability of the relevant products.

Article 6

Right of Withdrawal
When purchasing products, the consumer has the right to cancel the contract without providing any reasons within a period of 30 days. This cooling-off period starts the day after the consumer receives the product or a third party designated by the consumer, who is not the carrier, receives the product. During the cooling-off period, the consumer will treat the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all delivered accessories and, if possible, in the original condition and packaging to the entrepreneur in accordance with the reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 30 days of receiving the product. The consumer should notify this in writing or by email. After the consumer has stated that they wish to exercise their right of withdrawal, they must return the goods within 30 days. The consumer must prove that the goods were returned on time, e.g., by a proof of shipment. If the consumer does not express the desire to exercise the right of withdrawal or does not return the product to the entrepreneur within the time limits specified in paragraphs 2 and 3, the purchase is considered complete.

Article 7

Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs for returning the goods will be 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 the withdrawal. This is on the condition that the goods have already been returned to the entrepreneur or that a conclusive proof of full return can be provided.

Article 8

Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer or at least prior to the conclusion of the contract. Products that cannot be returned due to their nature, such as:
d. products that spoil or deteriorate quickly;
e. products whose price depends on fluctuations in the financial market which are outside the entrepreneur's control;
f. single newspapers and magazines;
g. audio and video recordings and computer software where the consumer has broken the seal;
h. hygiene products where the consumer has broken the seal.
An exclusion of the right of withdrawal is only possible for services:
a. related to accommodation, transport, catering, or leisure activities that need to be provided on a specific date or during a specific period;
b. where the delivery began with the consumer's express consent before the cooling-off period ended;
c. for betting and lotteries.

Article 9

Price
During the validity period stated in the offer, the prices for the offered products and/or services will not be increased, except for price changes due to changes in VAT rates. Notwithstanding the previous sentence, the entrepreneur may offer products or services that are subject to fluctuations in the financial market and which are beyond the entrepreneur’s control at variable prices. The connection to fluctuations and the fact that the prices mentioned are indicative will be mentioned in the offer. Price increases within 3 months after the contract has been concluded are only permitted if they arise from legal provisions or regulations. Price increases after 3 months are only permitted if the entrepreneur has set them and:
a. they arise from legal provisions or regulations; or
b. the consumer has the right to cancel the contract from the day the price increase takes effect.
The prices mentioned in the offer for products or services include VAT. All prices are subject to typographical and printing errors. The entrepreneur is not liable for the consequences of typographical and printing errors. In case of typographical and printing errors, the entrepreneur is not obligated to supply the product at the incorrect price.

Article 10

Conformity and Guarantee
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of fitness and/or usability, and the legal provisions and/or government regulations applicable at the time the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for a use other than its normal use. A guarantee granted by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can assert against the entrepreneur based on the agreement. Defective or incorrectly delivered products should be reported to the entrepreneur in writing within 30 days of delivery. The return of the products should be in the 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 suitability of the products for any particular use by the consumer or for any advice regarding the use or application of the products. The warranty does not apply if the consumer has repaired or modified the delivered products themselves or had them repaired or modified by third parties; if the products were exposed to abnormal conditions or otherwise handled negligently or contrary to the entrepreneur's instructions, and/or the packaging was handled inappropriately; or if the inadequacy is fully or partially due to regulations imposed by the state regarding the type or quality of the materials used.

Article 11

Delivery and Execution
The entrepreneur must exercise the utmost care in receiving and executing product orders. The delivery address is the address provided by the consumer to the entrepreneur. Subject to the provisions in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders promptly, no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or an order cannot be executed or can only be partially executed, the consumer will be informed no later than 30 days after the order was placed. In this case, the consumer has the right to cancel the contract at no cost and the right to claim any damages. In the case of cancellation as per the previous paragraph, the entrepreneur will refund the amount paid by the consumer as quickly as possible, but no later than 30 days after the cancellation. If the delivery of an ordered product turns out to be impossible, the entrepreneur will attempt to deliver a substitute product. At the latest upon delivery, it will be clearly and understandably stated that a substitute item is being delivered. In the case of substitute items, the right of withdrawal cannot be excluded. The costs of returning the product will be borne by the entrepreneur. The risk of damage and/or loss of products remains with the entrepreneur until the product is handed over to the consumer or to a third party designated by the consumer, unless otherwise agreed.

Article 12

Contracts with Extended Duration: Termination, Extension, and Duration
Termination
The consumer can terminate an indefinite contract, which relates to the regular delivery of goods (including electricity) or services, at any time with the agreed termination rules and a notice period of no more than one month. The consumer can terminate a fixed-term contract, which relates to the regular delivery of goods (including electricity) or services, at any time at the end of the fixed term, with the applicable termination rules and a notice period of no more than one month. The consumer can terminate the contracts mentioned in the previous paragraphs at any time and is not limited to termination at a specific time or within a specific period; they can terminate it at least in the same manner as it was concluded; they can always terminate it with the same notice period that the entrepreneur has set for themselves.
Extension
A fixed-term contract for the regular delivery of goods (including electricity) or services cannot be automatically extended or extended for a specific period. Notwithstanding the previous sentence, a fixed-term contract for the regular delivery of daily or weekly newspapers and magazines can be extended automatically for a fixed period of no more than three months, provided the consumer can cancel this extended contract at the end of the extension with a notice period of no more than one month. A fixed-term contract for the regular delivery of goods or services can only be automatically extended for an indefinite period if the consumer can cancel the contract at any time with a notice period of no more than one month and with a notice period of no more than three months if the contract relates to the regular delivery of daily or weekly newspapers, magazines, and illustrated magazines but less than once a month. A fixed-term contract for regular delivery of daily or weekly newspapers and magazines on a trial or introductory subscription will not continue automatically after the trial or introductory period.

Article 13

Payment
Unless otherwise agreed, the consumer is required to pay the amount owed within 14 days after the start of the cooling-off period as referred to in Article 6 paragraph 1. When selling products to consumers, the general terms and conditions must specify a time frame within which the payment can be made. In the case of a service agreement, the consumer must pay in advance.

 

 

            

Identity of the entrepreneur MDB E-commerce

SALES TAX. BE1010.189.375