Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Articele 3 - Applicability
Articele 4 - The offer
Articele 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the withdrawal period
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Performance and additional warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Industry Guarantee
Article 1 - Definitions.
In these terms and conditions, the following definitions apply:
Entrepreneur: the natural or legal person who is a member of BeCommerce and offers products and/or services to consumers at a distance;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time;
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Right of withdrawal: the consumer's option to waive the distance contract within the withdrawal period;
Day: calendar day;
Duration transaction: 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 data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the entrepreneur
Phone number: Tel: 056 - 43 28 22
E-mail address: [email protected]
(Monday to Friday from 08.30 to 17.00)
Article 3 - Applicability
These general conditions apply to any offer from the entrepreneur and any distance contract concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the entrepreneur will indicate how the general terms and conditions can be inspected at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
In the event that in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs apply by analogy and in the event of conflicting conditions the consumer can always rely on the applicable provision that is most favorable to him.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. The offer also complies with the code of conduct of Safeshops - BeCommerce, which can be found at the bottom of the general condition.
The entrepreneur only offers products it purchases from the original manufacturers and their wholesalers. When in doubt about the authenticity of products, the consumer can find more information and tips on the website of the European Consumer Center Belgium. If counterfeiting is suspected, the consumer can file a complaint via the Hotline.
Article 5 - The agreement
The agreement, subject to the provisions of paragraph 4, is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
The entrepreneur may within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for 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, he is entitled to refuse an order or request or to attach special conditions to the implementation, while giving reasons.
The entrepreneur will include the following information 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 way on a durable data carrier:
the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
the information on guarantees and existing after-sales service;
the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for a period of 30 days. This period starts the day after receipt of the product by or on behalf of the consumer.
During this period, the consumer will handle the product and its 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 to the entrepreneur with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
7. Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, he will be responsible for at most the costs of return shipment. Returns from Belgium are not free of charge, these costs are 4,95€ if the return label provided by Belcopets is used.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after receipt of the return or withdrawal.
Article 8 - Exclusion of right of withdrawal
If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products
that have been created by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
Which by their nature can not be returned;
Which spoil or age quickly;
whose price is subject to fluctuations in the financial market that are beyond the Entrepreneur's control;
for audio and video recordings and computer software of which the consumer has broken the seal.
Article 9 - The price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
they are the result of statutory regulations or provisions; or
the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
Article 10 - Compliance and Warranty
The trader guarantees that the products and/or services comply with the contract, the specifications listed in the offer, the reasonable requirements of reliability and/or usability and the existing statutory provisions and/or government regulations on the date of conclusion of the contract.
An arrangement offered as a guarantee by the trader, manufacturer or importer does not affect the rights and claims that the consumer can assert against the trader in respect of a shortcoming in the performance of the trader's obligations under the law and/or the distance contract.
Article 11 - Delivery and implementation
The entrepreneur will take the greatest possible care when receiving and executing orders of products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
Subject to what is stated in article 4 of these general conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be fulfilled, the consumer will be informed about this within 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and right to possible compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.
Article 12 - Extended duration transactions
The consumer may at any time terminate a contract entered into for an indefinite period of time, subject to the applicable termination rules and a maximum notice period of one month.
An agreement entered into for a definite period has a maximum term of two years. If it has been agreed that in case of silence of the consumer the distance contract will be extended, the contract will be continued as a contract for an indefinite period of time and the notice period after continuation of the contract will not exceed one month.
Article 13 - Payment
Unless otherwise provided in the agreement or additional conditions, the amounts due by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period begins on the day after the consumer receives the confirmation of the agreement.
When selling products to consumers, general terms and conditions may stipulate partial or full prepayment (during the withdrawal period). Where advance payment is stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, the advance notice to the consumer reasonable costs to charge.
Article 14 - Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has found the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
A complaint about a product, service or the entrepreneur's service can also be submitted via a complaint form on the consumer page of BeCommerce's website. www.BeCommerce.be The complaint is then sent both to the entrepreneur in question and to BeCommerce.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Belgian law.
Disputes between the consumer and the entrepreneur about the conclusion or implementation of contracts relating to products and services to be supplied or delivered by this entrepreneur, may, subject to the following provisions, both by the consumer and the entrepreneur be submitted to the Geschillencommissie BeCommerce,
You can also submit your complaint to the Dispute Commission through the European ODR Platform (ec.europa.eu/consumers/odr).
A dispute will only be handled by the Dispute Commission if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
Within three months after the dispute arose, the dispute must be submitted in writing to the Disputes Committee.
If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. When the entrepreneur wants to do that, the consumer will have to express in writing within five weeks after a written request made by the entrepreneur, whether he so desires or wants the dispute to be dealt with by the competent court. If the entrepreneur does not hear the choice of the consumer within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
The Dispute Commission makes a decision under the conditions as laid down in the regulations of the Dispute Commission. The decisions of the Geschillencommissie are made by means of a binding advice.
The Disputes Committee will not deal with a dispute or will cease to deal with a dispute if the trader has been granted a suspension of payments, gone bankrupt or has actually terminated his business activities before a dispute has been dealt with by the committee at the session and a final ruling has been issued.
Article 16 - Branch guarantee
BeCommerce shall, with due diligence, assume the obligations of the trader vis-à-vis the consumer, in respect of a binding opinion imposed on him by the BeCommerce Disputes Committee, if this trader has not fulfilled his obligations within the period specified in the binding opinion. The assumption by BeCommerce of the obligations of the trader shall be suspended if and insofar as that binding advice has been submitted for judicial review within two months of its date in accordance with the regulations of the Disputes Committee, and shall lapse by virtue of the final judgment in which the court has declared the binding advice non-binding.
The application of this guarantee requires that the consumer makes a written appeal to BeCommerce and transfers his claim against the entrepreneur to the BeCommerce.
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