ARTICLE 1 - DEFINITIONS
In these terms and conditions, the following terms shall have the following meanings:
Entrepreneur: a natural or legal person or a part of the business of that natural or legal person that is engaged in sales and/or services in the retail trade, either independently or as a franchisee.
The consumer: a natural person who is not acting in the exercise of a profession or business and enters into an agreement with the entrepreneur.
Agreement: any agreement concerning sales or services between the consumer and the entrepreneur.
Distance contract: any contract concerning the sale or provision of services between the consumer and the trader.
Goods: all products that are the subject of an agreement.
Services: all activities that are the subject of an agreement.
ARTICLE 2 - APPLICABILITY
These general terms and conditions apply to all contracts concluded between the entrepreneur and the consumer.
ARTICLE 3 - THE OFFER
1. The goods and services offered by the entrepreneur are clearly and truthfully depicted and/or described. This description must be sufficiently detailed to allow the consumer to make a proper assessment of the offer.
2. The offer contains such information that it is clear to the consumer what his rights and obligations are if he accepts the offer and consists at least of the following parts:
- a specification, as accurate as possible, of numbers, sizes, weights or other characteristics, or instructions for care, which are essential for the offer;
- the price and the amount of the delivery costs, if the consumer asks the trader to deliver the goods to a specified address;
- the method of payment and, if applicable, that and how payment by instalments is possible;
- the design/packaging in which the goods are delivered and an indication of use;
- the right of return, if any, and the manner of exercising that right
- the possibility of providing, at cost, additional services in connection with the purchase of some goods, such as assembly, installation, commissioning and so on;
- the indication of the existence of the general conditions applicable to the contract.
- the statement that these General Terms and Conditions apply to the agreement;
3. Delivery on order takes place after a written or electronic order from the consumer, unless otherwise agreed between the consumer and the entrepreneur.
4. A written offer is dated and is irrevocable for thirty days after the consumer receives the offer.
5. A copy of these General Terms and Conditions shall accompany a written/electronic offer.
ARTICLE 4 - THE AGREEMENT
1. The contract shall be concluded through acceptance of the offer by the consumer.
2. If the contract involves an amount in excess of €1,250.00, it is preferably concluded by the consumer accepting the offer either in writing or electronically.
ARTICLE 5 - THE PRICE AND PRICE CHANGES
1. The price stated in the offer is inclusive of VAT.
2. If a price change occurs within three months of the agreement being concluded but before delivery, it shall not affect the price agreed upon. The consumer is entitled to dissolve the agreement if the price is increased after three months of the conclusion of the agreement but before delivery.
3. The second paragraph, first sentence, shall not apply to price changes resulting from legislation, such as increases in VAT.
ARTICLE 6 - THE DELIVERY TIME
1. Delivery takes place by the consumer taking possession of the goods. The delivery of goods that are not immediately deliverable can take place by the consumer picking up the goods at the office of the entrepreneur or by the entrepreneur delivering the goods to the consumer. Parties can agree on a fixed or probable delivery time.
2. If the agreement concerns the delivery of the sold goods, this shall be done within the delivery time agreed upon in the agreement and to the address given.
3. If the expected delivery time is exceeded, the entrepreneur shall be given a further period in which to deliver. This additional period is equal to the original expected delivery period with a maximum of one month. If the entrepreneur still delivers within this period, a possible price increase will not be passed on.
4. If this new deadline or a fixed delivery time is exceeded, the consumer shall be entitled to rescind the contract and/or claim damages, without further notice of default being required.
5. When ordered goods prove to be undeliverable, the entrepreneur shall consult with the consumer about the possible provision of substitute goods. If the consumer does not agree to the delivery of a replacement item, he has the right to terminate the agreement without any costs, regardless of his other legal rights.
ARTICLE 7 - CONFORMITY
1. The entrepreneur guarantees that the delivered goods comply with the agreement (conformity). The entrepreneur furthermore guarantees that the goods possess the properties that, taking all circumstances into account, are necessary for normal use, as well as for a special use if that has been agreed.
2. The entrepreneur guarantees that the services he provides are in accordance with the agreement and are carried out with good workmanship and using sound materials.
ARTICLE 8 - THE RIGHT OF RETURN
1. The consumer is entitled to return goods during fourteen days after invoking the right of withdrawal. The effective date of this period is the day after the sale or after the day of delivery, unless otherwise agreed. Undamaged and unused goods with the original packaging and original receipt may be returned.
2. If the consumer has paid an amount (in advance), a refund will be made as soon as possible, but no later than fourteen days after receipt of the returned goods.
3. Goods manufactured, mixed, processed or customised at the consumer's request, or goods ordered at the consumer's request are excluded from the right of return. The consumer can only exercise his right of return in the manner indicated by the entrepreneur in his offer.
4. If the right of return does not include restitution of the purchase price but the delivery of a replacement item or a credit note, the entrepreneur shall state this in the offer.
ARTICLE 9 - PAYMENT
1. Payment for goods in stock shall be made in cash, unless otherwise agreed.
2. If payment in cash is not agreed, the amounts owed by the consumer shall be transferred before delivery of the goods and services.
3. If the consumer places an order, the entrepreneur has the right to demand from the consumer an advance payment of a maximum of 50% of the price.
ARTICLE 10 - NON-TIMELY PAYMENT
1. The consumer is in default once the agreed payment date has passed. After this date has passed, the entrepreneur sends a payment reminder and gives the consumer the opportunity to pay within 14 days of receiving this payment reminder.
2. If payment has still not been made after the payment reminder has lapsed, judicial or extrajudicial collection may be initiated. The costs reasonably incurred for this are at the expense of the consumer. The entrepreneur is also entitled to charge interest after the agreed payment date has passed. This interest is equal to the legal interest.
ARTICLE 11 - RETENTION OF TITLE AND TRANSFER OF OWNERSHIP
The entrepreneur can reserve ownership as long as the consumer has not paid in full. In that case, the consumer does not become the owner of the goods until he has paid the purchase price and any additional amounts owed to the entrepreneur in full.
ARTICLE 12 - LEGAL GUARANTEE
1. The entrepreneur guarantees the absence of defects that become apparent after delivery for a period of six months. The consumer is entitled to free replacement of defective parts within a reasonable period of time. In addition, the consumer has a right to repair, compensation and termination of the agreement that is granted to him by law.
2. The proprietor is not responsible for defects which arise after delivery of the goods as a result of careless or incompetent use of the goods delivered or as a result of changes made to the goods by the consumer or third parties. Nor is the entrepreneur responsible for any damage resulting from these defects.
4. In case of a claim under the guarantee, the proof of purchase must be presented by the consumer.
5. The consumer retains all his legal rights under the guarantee, regardless of what is stated in paragraph 1 and paragraph 2 about the guarantee issued by the entrepreneur.
ARTICLE 13 - NON-PERFORMANCE OF THE AGREEMENT
1. If one of the parties fails to fulfil an obligation under the contract, the other party may suspend the fulfilment of the obligation in question. In the event of partial or improper fulfilment, suspension is only permitted to the extent justified by the failure.
2. The entrepreneur has the right of retention, if the consumer fails to meet a due obligation, unless the failure does not justify this retention.
3. If one of the parties fails to comply with the agreement, the other party shall be entitled to dissolve the agreement, unless the failure does not justify dissolution.
4. If the agreement involves an (advance) payment and this agreement does not come into effect, or is dissolved, the consumer will receive a refund of the (advance) payment.
ARTICLE 14 - ADDITIONAL PROVISIONS IN THE CASE OF A DISTANCE CONTRACT
1. In case of a distance contract (Article 6:230 m of the Civil Code), the entrepreneur shall, prior to the conclusion of the contract, inform about, among other things:
a. the identity and geographical address of the trader to which the consumer can address any complaints;
b. the place on his website where the general terms and conditions of the entrepreneur can be viewed;
c. the main characteristics of the goods;
d. the price, including VAT, of the goods;
e. the costs of delivery, if any;
f. the method of payment, delivery or execution;
g. the period for accepting the offer;
2. The entrepreneur shall confirm the receipt of the acceptance of the offer without delay, if the consumer has accepted the offer electronically, and shall deliver the product as soon as possible, but at most within 30 days, to be counted from the day following the day on which the consumer placed the order.
If this period is exceeded, the consumer is entitled to dissolve the contract without further notice. The consumer and the entrepreneur can agree on a different delivery period.
3. The consumer has the right to dissolve the contract during 14 working days without giving reasons. The period starts on the day after the last product of the order has been received or on the day of entering into a service agreement.
4. If the purchased goods are not available, the entrepreneur must provide the
consumer as soon as possible and refund the (additional) payment as soon as possible, but in any case within 30 days. When the consumer and the entrepreneur have agreed that a product of equal quality and price may be delivered, the cost of any return shipment shall be borne by the entrepreneur.
The entrepreneur shall inform the consumer about this in a clear and comprehensible manner.
5. In good time at the time of fulfilment and at the latest at delivery, the entrepreneur shall provide the consumer with the following information:
a. the data listed under a to g in paragraph 1 of this article;
b. the details of any guarantee and after-sales service;
6. Return shipment is at the expense and risk of the consumer. The entrepreneur may not charge any other costs for the termination of the agreement.
ARTICLE 15 - LIABILITY
1. The proprietor is liable to the consumer for any damage resulting from a shortcoming that can be attributed to the proprietor or that is at his risk, to persons in his service, or to persons engaged by him to carry out the work assigned to them by the consumer. The consumer is entitled to compensation for the damage that is the result of the shortcomings of the proprietor or of persons in his service, if the consumer makes this known to the proprietor in writing within 30 days of the damage occurring. The obligation for compensation is limited to the amount of the invoice value of the items delivered by the entrepreneur.
2. The consumer is liable towards the entrepreneur for damages caused by a shortcoming that can be attributed to him.
ARTICLE 16 - COMPLAINTS
Complaints about the implementation of the agreement must be fully and clearly described, preferably in writing or electronically, and submitted to the entrepreneur in good time after the consumer has discovered the defects. Not submitting the complaint in time can result in the consumer losing his rights in the matter.
ARTICLE 17 - DEVIATION FROM THE GENERAL CONDITIONS
Individual deviations must be recorded in writing or electronically between the trader and the consumer.