General Terms and Conditions

Article 1 – Definitions
In these terms, the following definitions apply:
Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
Consumer: The natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
Day: Calendar day.
Extended 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 them personally in a way that allows future consultation and unchanged reproduction of the stored information.
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 products and/or services to consumers at a distance.
Distance contract: A contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract.
Technique for distance communication: A means that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same place at the same time.
General Terms and Conditions: These present 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 stating any reason. During the cooling-off period, the consumer shall handle the product and packaging with care.
If the consumer exercises their right of withdrawal, they shall return the product with all supplied accessories and, if reasonably possible, in its original condition, in accordance with the reasonable instructions of the entrepreneur.

 

Article 3 – Applicability
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, it shall be indicated, before the distance contract is concluded, that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer upon request as soon as possible.
If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored on a durable data carrier. If this is not reasonably possible, it shall be indicated before the contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms, the consumer may always rely on the applicable provision that is most favorable to them.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these conditions shall otherwise remain in force, and the relevant provision shall be replaced without delay by mutual agreement with a provision that approximates the intent of the original as closely as possible.
Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms shall 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 subject to conditions, this shall 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 products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer.
If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. 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 accompanying products are a truthful representation of the products offered. 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 the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
Any shipping costs.
The manner in which the agreement will be concluded and which actions are required for that.
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 technique for distance communication are calculated on a basis other than the regular basic rate for the communication method used.
Whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the consumer.
The way in which the consumer, before concluding the agreement, can check and, if desired, correct the data they have provided under the agreement.
Any other languages in which, in addition to Flemish, the agreement can be concluded.
The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically.
The minimum duration of the distance contract in the case of an extended transaction.
Optional: available sizes, colors, types of materials.

 

Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall 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 shall observe appropriate security measures.
The entrepreneur may, within legal frameworks, verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds not to conclude the agreement, they are entitled to refuse an order or request or attach special conditions to its execution.
The entrepreneur shall send the following information with the product or service to the consumer, in writing or in such a way that it can be stored on a durable data carrier:
The visiting 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 its exclusion.
Information on guarantees and existing after-sales service.
The data referred to in Article 4 paragraph 3, unless the entrepreneur has already provided this information before the execution of the agreement.
The requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration.
In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is concluded subject to the suspensive condition of sufficient availability of the relevant products.

 

Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 30 days.
This cooling-off period starts on the day after the consumer, or a representative designated in advance and made known to the entrepreneur, receives the product.
During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to determine whether they wish to keep it.
If they exercise their right of withdrawal, they shall return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 30 days after receiving the product. This notification must be made by written message or email.
After notifying their intention to exercise the right of withdrawal, the consumer must return the product within 30 days. The consumer must prove that the goods were returned in time, for example by means of proof of shipment.
If the consumer has not expressed the intention to exercise their right of withdrawal within the periods mentioned or has not returned the product, the purchase is final.

Article 7 – Costs in Case of Withdrawal
If the consumer exercises their 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, provided that the product has already been received back or conclusive proof of full return has been provided.

 

Article 8 – Exclusion of Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for certain products as described in paragraphs 2 and 3. The exclusion applies only if it has been clearly stated in the offer or at least in time before the conclusion of the agreement.
Exclusion is only possible for products:
That have been created by the entrepreneur according to the consumer’s specifications.
That are clearly personal in nature.
That cannot be returned due to their nature.
That spoil or age quickly.
Whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control.
For individual newspapers and magazines.
For audio and video recordings and computer software whose seal has been broken by the consumer.
For hygienic products whose seal has been broken by the consumer.

 

Article 9 – The Price
During the validity period stated in the offer, prices of the products and/or services will not be increased, except for changes due to VAT rate adjustments.
Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if these are subject to fluctuations in the financial market beyond their control. This dependency and the fact that any stated prices are indicative will be stated in the offer.
Price increases within three months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases after three months are only permitted if stipulated and:
They result from statutory regulations or provisions.
The consumer has the right to terminate the agreement as of the date the increase takes effect.
All prices are subject to printing and typographical errors. No liability is accepted for such errors. In case of 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 stated in the offer, reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force at the time of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported in writing within 30 days after delivery. Returns must be made in the original packaging and in new condition.
The warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application, nor for any advice regarding use.
The warranty does not apply if:
The consumer has repaired and/or modified the products themselves or had them repaired and/or modified by third parties.
The products have been exposed to abnormal conditions or handled carelessly or contrary to instructions.
The defect is wholly or partially the result of government regulations regarding the nature or quality of materials used.

 

Article 11 – Delivery and Execution
The entrepreneur shall exercise the greatest possible care in receiving and executing product orders.
Subject to Article 4, accepted orders shall be executed promptly but no later than 30 days, unless a longer delivery period has been agreed.
If delivery is delayed or cannot be executed (in whole or in part), the consumer will be informed within 30 days. The consumer may then dissolve the agreement without cost and is entitled to compensation if applicable.
In case of dissolution, the entrepreneur shall refund the amount paid as soon as possible, but no later than 30 days.
If delivery of a product proves impossible, the entrepreneur shall attempt to provide a replacement item, clearly informing the consumer at delivery.
The right of withdrawal cannot be excluded for replacement items. Return costs for such items are borne by the entrepreneur.
The risk of damage or loss remains with the entrepreneur until delivery to the consumer or a designated representative, unless otherwise agreed.

 

Article 12 – Duration Transactions: Duration, Termination and Renewal
Termination
The consumer may terminate an indefinite contract at any time, subject to agreed termination rules and a notice period of at most one month.
A fixed-term contract may be terminated at the end of the term with a notice period of at most one month.
The consumer may terminate such contracts at any time, not limited to specific times, in the same manner they were concluded, and with the same notice period as the entrepreneur.

Renewal
Fixed-term contracts may not be automatically renewed for a fixed period.
Exception: subscriptions to newspapers/magazines may be renewed for up to three months if cancellable.
Other contracts may only be renewed indefinitely if cancellable at any time with max one month’s notice (or three months for less frequent deliveries).
Trial subscriptions end automatically.

Duration
Contracts longer than one year may be terminated after one year with max one month’s notice, unless fairness dictates otherwise.

 

Article 13 – Payment
Unless otherwise agreed, amounts owed must be paid within seven working days after the cooling-off period begins.
For service contracts, this period starts after confirmation of the agreement.
The consumer must immediately report inaccuracies in payment details.
In case of non-payment, the entrepreneur may charge reasonable costs.

 

Article 14 – Complaints Procedure
Complaints must be submitted within seven days after discovery, clearly described.
They are answered within 14 days.
If more time is needed, an acknowledgment is sent.
Unresolved complaints become disputes.
Complaints do not suspend obligations unless stated otherwise.
Valid complaints lead to replacement or repair free of charge.

 

Article 15 – Disputes
Belgian law applies exclusively to agreements between entrepreneur and consumer, even if the consumer resides abroad.