Terms and Conditions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Long-term transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any tool that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future access and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to cancel 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: an agreement concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, where exclusive use is made of one or more means of distance communication up to and including the moment the contract is concluded;
Means of distance communication: a tool that can be used to conclude a contract, without the consumer and entrepreneur having to be in the same place at the same time.
General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur
Zeebruggelaan 83
8380 Lissewege
Belgium

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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge upon request by the consumer.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the contract is concluded, the text of these terms and conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store it on a durable medium.
If specific product or service terms apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may always rely on the applicable provision that is most favorable to them in case of conflicting terms.
If any provision in these general terms and conditions is wholly or partially void or annulled at any time, the contract and these terms shall otherwise remain in force, and the relevant provision will be replaced by mutual agreement with a provision that approximates the original as closely as possible.
Situations not covered by these general terms and conditions shall be assessed "in the spirit" of these terms.
Uncertainties regarding the interpretation or content of one or more provisions should also 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 made under conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and amend the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains sufficient information so that the consumer knows what rights and obligations are attached to the acceptance of the offer, including:

  • the price, excluding customs clearance costs and import VAT. These additional costs will be the responsibility and risk of the customer. The postal and/or courier service will use a special arrangement for postal and courier services for import. This applies when goods are imported into the EU destination country, which is the case here. The postal or courier service collects the VAT (possibly together with clearance fees) from the recipient;

  • possible shipping costs;

  • the way in which the contract will be concluded and what actions are needed for that;

  • whether or not the right of withdrawal applies;

  • the method of payment, delivery, and execution of the agreement;

  • the term for accepting the offer, or the period within which the entrepreneur guarantees the price;

  • the rate for distance communication if it is calculated on a different basis than the standard rate;

  • whether the contract will be archived after it is concluded and how the consumer can consult it;

  • the way the consumer can check and, if necessary, correct the information provided during the contract;

  • any languages other than Dutch in which the contract may be concluded;

  • the codes of conduct the entrepreneur is subject to and how the consumer can consult them electronically;

  • the minimum duration of the distance contract in case of a long-term transaction;

  • optional: available sizes, colors, types of materials.

Article 5 – The Contract
The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the stipulated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may dissolve the contract.
If the contract 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 take appropriate security measures.
The entrepreneur may – within legal frameworks – check whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly entering into a distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the contract, they are entitled to refuse an order or request with reasons or attach special conditions to its execution.
The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it on a durable medium:

  • 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 the exclusion of the right of withdrawal;

  • information about warranties and after-sales service;

  • the data included in article 4 paragraph 3 of these terms, unless the entrepreneur already provided this before the performance of the contract;

  • the conditions for terminating the contract if it is of indefinite duration or longer than one year.

In the case of a long-term transaction, the previous paragraph applies only to the first delivery.
Each contract is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to dissolve the contract without giving reasons for 14 days. This cooling-off period begins the day after the product is received by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they want to keep it. If they make use of their right of withdrawal, they must return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to use the right of withdrawal, they must notify the entrepreneur within 14 days after receipt of the product via written message or email. After notifying, the customer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example, via proof of shipment.
If the consumer has not notified or returned the product within the terms mentioned in paragraphs 2 and 3, the purchase is final.

Article 7 – Costs in Case of Withdrawal
If the consumer uses the right of withdrawal, they will bear the costs of returning the products.
If the consumer has paid an amount, the entrepreneur will refund it as soon as possible, but no later than 14 days after withdrawal, provided the product has already been returned or proof of return has been submitted.

Article 8 – Exclusion of Right of Withdrawal
The entrepreneur can exclude the right of withdrawal for products as specified in paragraphs 2 and 3, only if this was clearly stated in the offer or in time before concluding the agreement.
Exclusion is only possible for products:

  • made to the consumer’s specifications;

  • clearly personal in nature;

  • which cannot be returned due to their nature;

  • that spoil or age quickly;

  • whose price depends on fluctuations in the financial market the entrepreneur cannot influence;

  • newspapers and magazines;

  • sealed audio/video recordings or software once the seal has been broken;

  • hygienic products if the seal is broken.

Exclusion is only possible for services:

  • regarding lodging, transport, restaurant, or leisure activities on a specific date or during a specific period;

  • if delivery has begun with explicit consent before the cooling-off period has ended;

  • regarding betting and lotteries.

Article 9 – The Price
During the validity period stated in the offer, the prices of the products/services offered will not be increased, except for price changes due to changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products/services subject to fluctuations in the financial market with variable prices. This dependence and the fact that any listed prices are target prices will be stated in the offer.
Price increases within 3 months after contract conclusion are only allowed due to legal regulations.
Price increases after 3 months are only allowed if agreed upon and:

  • they result from legal regulations; or

  • the consumer may terminate the agreement from the date the increase takes effect.

The place of delivery is based on Article 5(1) of the Dutch VAT Act 1968 and is where the transport begins. In this case, delivery takes place outside the EU. Therefore, import VAT or clearance costs will be collected by the postal or courier service from the buyer. Hence, no VAT will be charged by the entrepreneur.
All prices are subject to printing and typographical errors. No liability is accepted for consequences of such errors. In case of printing errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty
The entrepreneur guarantees that products/services comply with the agreement, the specifications in the offer, reasonable usability and soundness requirements, and legal regulations applicable on the agreement date.
An additional guarantee by the entrepreneur, manufacturer, or importer does not affect the legal rights of the consumer.
Any defects or incorrect deliveries must be reported to the entrepreneur in writing within 14 days. Returns must be in original packaging and new condition.
The warranty period equals the manufacturer's warranty period.
The warranty does not apply if:

  • the consumer repaired or altered the product themselves or had it done by third parties;

  • the product was exposed to abnormal conditions or treated carelessly, contrary to instructions;

  • the defect was caused by government regulations regarding materials.

Article 11 – Delivery and Execution
The entrepreneur will handle order processing with the utmost care.
Delivery takes place at the address provided by the consumer.
Accepted orders will be executed promptly, no later than 30 days unless agreed otherwise. If delivery is delayed, the consumer will be informed within 30 days and has the right to cancel the agreement.
In case of cancellation, the consumer will be refunded within 14 days.
If delivery proves impossible, a replacement product may be offered, which will be clearly communicated. For replacement products, the right of withdrawal cannot be excluded.
Risk of damage or loss transfers to the consumer upon delivery unless otherwise agreed.

Article 12 – Long-Term Contracts: Duration, Termination and Renewal
Termination
The consumer can terminate an indefinite contract for the regular delivery of products (including electricity) or services at any time, observing a termination period of up to one month.
Fixed-term contracts can be terminated at the end of the fixed term with a notice period of one month.
The consumer may always terminate:

  • at any time;

  • in the same way the contract was concluded;

  • with the same notice period the entrepreneur uses.

Renewal
Fixed-term contracts cannot be automatically renewed except for:

  • newspaper or magazine subscriptions extended for a maximum of three months;

  • contracts that convert to indefinite duration, with termination possible at any time with a notice of up to one month (or up to three months for deliveries less than once per month).

Trial subscriptions end automatically after the trial period.

Duration
Contracts longer than one year can be terminated after one year with a notice period of no more than one month, unless early termination is unreasonable.

Article 13 – Payment
Unless otherwise agreed, consumer payments must be made within 7 working days after the cooling-off period begins. For services, this starts once the consumer receives the contract confirmation.
Consumers must report any payment errors without delay.
In case of non-payment, the entrepreneur may charge reasonable costs previously disclosed to the consumer.

Article 14 – Complaints Procedure
Complaints regarding the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed reply.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur states otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.