Terms & Conditions
Table of Contents
Article 1 – Definitions
In these terms and conditions, the following terms mean:
- Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person not acting in a professional or business capacity and who enters into a distance contract with the trader;
- Day: calendar day;
- Continuing performance contract: a distance contract concerning a range of products and/or services and of which the supply and/or purchase obligation is spread over a period of time;
- Durable medium: any means by which the consumer or trader stores an unaltered reproduction of any information that is personally addressed to him for use in future consultation;
- Right of withdrawal: the possibility for the consumer to terminate the distance contract within the cooling-off period;
- Trader: the natural person or legal entity offering distance products and/or services to consumers;
- Distance contract: a contract based on a system of distance sales of products and/or services, including entering into a contract using one or more techniques of distant communication, set up by the trader;
- Distance communication technology: a means of communication that can be used for entering into a contract without the consumer and trader coming together at the same time in the same place;
Article 2 – Identity of the trader
Trader name: Lilaboc bvba
Availability: Monday – Friday, from 10:00 to 17:00
Email address: email@example.com
VAT number: BE0670.874.071
If the activity of the trader is subject to a relevant licensing system: information about the supervisory authority:
If the trader practises a regulated profession:
the professional association of which the trader is a member; the title of said profession, the place in the EU or in the European Economic Area where it is recognised; a reference to the rules of professional practice that are applicable in the Netherlands, and information about where and how these rules of professional practice can be accessed.
Article 3 – Applicability
These general terms and conditions apply to any offer from the trader and to any distance contract entered into between the trader and consumer.
Before entering into a distance contract, the text of these general terms and conditions will be made available to the consumer free of charge. If this is not reasonably possible, notification will be made before the distance contract is entered into of the fact that the general terms and conditions are available from the trader and will be sent to the consumer on request as soon as possible without charge.
If the distance contract is entered into electronically, then as a deviation to the previous paragraph, and before the distance contract is entered into, the text of these general terms and conditions may also be provided to the consumer by electronic means in such a manner that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, notification will be made before the distance contract is entered into of the fact that the general terms and conditions are available in electronic format from the trader and that they will be sent to the consumer on request as soon as possible without charge.
In the event that, in addition to these general terms and conditions, specific product and service conditions also apply, the second and third paragraphs apply correspondingly, and in case of conflict with the general terms and conditions, the consumer can always rely on the relevant provision that is most favourable for the consumer.
Article 4 – The offer
If an offer is of limited duration or if certain conditions apply, this shall be explicitly stated in the offer.
The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed allowing the consumer to make a good assessment. If the trader makes use of illustrations, these will be a faithful representation of the products and/or services being offered. Obvious errors or mistakes in the offer do not bind the trader.
All offers contain sufficient information such that the consumer understands the rights and obligations attached to accepting the offer. This concerns in particular:
- the price including taxes;
- the actual costs of delivery;
- the manner in which the contract will be achieved and what actions are required;
- whether or not the right of withdrawal is applicable;
- method of payment, delivery and implementation of the contract;
- the period during which the offer may be accepted, or the period within which the trader guarantees the price;
- the level of the tariff for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic tariff for the communication tool used;
- whether the contract will be archived after entering into the contract and, if so, how the consumer can gain access to consult the document, if required;
- the manner in which the consumer, prior to entering into the contract, can check the data provided by him under the contract and amend it if necessary;
- any other languages, in addition to Dutch, in which the contract can be entered into;
- the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct by electronic means;
- the minimum duration of the distance contract in case of continuous or periodic delivery of products or services.
Article 5 – The contract
Subject to the provisions in paragraph 4, the contract becomes valid when the consumer has accepted the offer and fulfilled the terms and conditions set.
If the consumer accepts the offer via electronic means, the trader shall, via electronic means, promptly confirm receipt of the offer being accepted. As long as receipt of this acceptance has not been confirmed by the trader, the consumer can terminate the contract.
If the contract is created electronically, the trader will take appropriate technical and organisational measures to protect the electronic transfer of data, and he will ensure a secure web environment. If the consumer can pay electronically, the trader shall take the appropriate security precautions.
The trader may, within the limits of the law, gather information about the consumer’s ability to fulfil the payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, on the grounds of this investigation, the trader has sound reasons not to enter into the contract, the trader is entitled, supported by reasons, to refuse an order or request, or to attach special terms and conditions to fulfilment of said contract.
The trader shall send the following information, along with the product or service, to the consumer in writing or in such a way that the consumer can store it in an accessible manner on a durable information carrier:
- In the event of a continuing performance contract, the provision described in the previous paragraph only applies to the first delivery.
- the visiting address of the business location of the trader where the consumer can go to make a complaint;
- the terms and conditions under which, and the manner in which, the consumer can exercise the right of withdrawal, or a clear statement regarding exclusion of the right of withdrawal;
- information about warranties and existing service after purchase;
- the information included in Article 4 Paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before implementation of the contract;
- the requirements for terminating the contract if the contract has a duration of more than one year, or is of indefinite duration;
Article 6 – Right of withdrawal
For the delivery of products:
- For the purchase of products, the consumer has the option to terminate the contract within a period of 14 days without being required to provide a statement of reasons. This cooling-off period will commence on the day after the consumer, or a representative designated by the consumer and made known to XXXX in advance, is in receipt of the product.
- During this cooling-off period, the consumer shall handle the product and the packaging with the utmost care. He shall only unpack or use the product to the degree necessary to be able to assess whether he wishes to keep the product. If wishing to exercise the right of withdrawal, the consumer shall return the product with all delivered accessories and, as far as reasonably possible, in the original condition and packaging to the trader in accordance with the trader’s reasonable and clear instructions.
The delivery of services:
- When delivering services, the consumer has the option to terminate the contract within a period of 14 days of the contract entering into force, without being required to provide a statement of reasons.
- In order to exercise his right of withdrawal, the consumer will inform the trader in accordance with the reasonable and clear instructions provided by the trader.
Article 7 – Costs in the event of withdrawal
If the consumer makes use of his right of withdrawal, he will at most bear the costs of the return shipment.
If the consumer has paid an amount, the trader must refund this amount to the consumer as soon as possible, but no later than 30 days after the return or termination.
Article 8 – Exclusion of right of withdrawal
The trader can exclude the right of withdrawal of the consumer as described in Paragraphs 2 and 3.
- The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, or at least in a timely fashion before entering into the contract.
- Exclusion of the right of withdrawal is only possible for products:
- created by the trader according to the consumer’s specifications;
- that are clearly of a personal nature;
- that cannot be sent back due to their nature;
- that perish rapidly or have a limited shelf life;
- for which the price is dependent on fluctuations in the financial market that cannot be controlled by the trader;
- for individual newspapers and magazines;
- that are audio/video recordings and/or computer software for which the seal has been broken by the consumer;
- Exclusion of the right of withdrawal is only possible for services:
- regarding accommodation, transportation, hospitality or leisure services to be provided on a specific date or within a specific period;
- where delivery has already begun before the end of the cooling-off period with the consumer’s agreement;
- regarding gaming and lotteries.
Article 9 – The price
- During the period mentioned in the offer, the prices of the products and/or services will not be increased, except for any price changes resulting from changes in tax rates.
- In derogation from the previous paragraph, the trader may offer variable prices for products or services for which the prices are subject to fluctuations in the financial market and that are beyond the trader’s control. The tie to fluctuations, and the fact that any stated prices are target prices, will be stated in the offer.
- Price increases within 3 months after entering into the contract are only permitted if they are the result of new legal regulations or provisions.
- Price increases from 3 months after entering into the contract are only permitted if the trader has stipulated it and:
- they are the result of legal regulations or provisions; or
- the consumer has the authority to terminate the contract effective on the day the price increase takes effect.
- The prices described for the provision of products or services include VAT.
Article 10 – Compliance and warranty
The trader guarantees that the products and/or services fulfil all the requirements of the contract, the specifications listed in the offer, reasonable requirements of usability and/or reliability, and the existing statutory provisions and/or government regulations on the day the contract was entered into.
A warranty offered by the trader, manufacturer or importer does not affect the consumer’s rights and claims against the trader in respect of a failure of the trader to fulfil his obligations on the grounds of the law and/or the distance contract.
Article 11 – Delivery and implementation
The trader shall exercise the greatest possible care in taking and fulfilling orders for products and for assessing requests for the provision of services.
- The address that the consumer has provided to the trader is the place of delivery.
- With due observance of the stipulations of Article 4 of these general terms and conditions, the trader shall execute accepted orders with convenient speed, but at least within 30 days unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed of this no later than 30 days after having placed the order. In such cases, the consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
- In case of termination in accordance with the preceding paragraph, the trader shall refund the amount the counterparty has paid as soon as possible, but within 30 days after termination.
- If delivery of an ordered product is not possible, the trader shall endeavour to make a replacement item available. A clear and comprehensible message regarding the replacement item will be sent no later than the delivery. The right of withdrawal cannot be excluded for substitute articles. The costs of any return will be borne by the trader.
The risk of loss and/or damage to products will be borne by the trader until the time of delivery to the consumer or a representative appointed in advance and made known to the trader, unless explicitly agreed otherwise.
Article 12 – Continuing performance contracts: duration, termination and extension
If the duration of a contract is more than one year, the consumer may terminate the contract at any time after one year with a notice of not more than one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.
- The consumer may at all times terminate a contract entered into for a specific time and that extends to the regular delivery of services at the end of the specific duration with due observance of the termination rules and subject to not more than one month’s notice.
- The consumer can cancel the contracts described in the preceding paragraphs:
- at any time and not be limited to termination at a particular time or in a given period;
- at least in the same way as they were entered into by him;
- at all times with the same notice as the trader stipulated for himself.
- A contract entered into for a definite period for the regular delivery of services may not be tacitly extended or renewed for a fixed period.
- Notwithstanding the preceding paragraph, a contract for a definite period for the regular delivery of dailies, newspapers, weekly newspapers and magazines, may be tacitly extended for a specific period of no more than three months, if the consumer can terminate this extended contract towards the end of the extension with a notice of one month at most.
- A contract entered into for a definite period for the regular delivery of services may only be tacitly extended for an indefinite period if the consumer can terminate the extended contract at any time with a period of notice of one month at most, and a period of notice amounting to three months at most if the contract extends to regular deliveries of daily papers, newspapers, weekly papers and other periodicals occurring less often than once a month.
- A contract with limited duration for the regular delivery of trial dailies, newspapers, weeklies and magazines (trial or introductory subscription) is not tacitly renewed and ends automatically after the trial or introductory period.
Article 13 – Payment
- In so far as it is not otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as described in Article 6 of Paragraph 1. In the event of a contract to provide a service, this period starts on the day after the consumer has received the confirmation of the contract.
- When selling products to consumers, the general terms and conditions may never include a stipulation for a deposit of more than 50%. If payment of a deposit is agreed, the consumer assumes no legal right to the implementation of the order or service(s) before payment of the deposit has been made.
- The consumer is obliged to immediately inform the trader of inaccuracies in the provided or stated payment details.
- In case of late payment by the consumer, the trader has the right, subject to legal restrictions, to charge reasonable costs that have been made known to the customer in advance.
Article 14 – Complaints
- The trader has a sufficiently announced complaints procedure, and handles complaints in accordance with said complaints procedure.
- Complaints about the implementation of the contract, including a complete and clear description of the issue, must be submitted to the trader within a reasonable time after the consumer has noted the defects.
- Complaints submitted to the trader will be responded to within a period of 14 days, counting from the date of receipt. Should a complaint foreseeably require a longer time for handling, the trader shall respond with a notice of receipt within the term of 14 days and include an indication of when the consumer can expect a more detailed reply.
- If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute settlement.
Article 15 – Disputes
Contracts between the trader and the consumer to which these general terms and conditions apply, are exclusively governed by Belgian law.
Article 16 – Additional or different provisions
Additional provisions of and/or deviations from these general terms and conditions should not be to the consumer’s detriment and must be put in writing or recorded in such a way that the consumer can store them in an accessible manner on a long-term data carrier.
Article 17 – Amendments to the general terms and conditions
Amendments to these terms and conditions are only valid after being published in the appropriate manner, with the proviso that, in the case of appropriate amendments during the validity of an offer, the provision most favourable for the consumer shall prevail.
I have read and I accept the general terms and conditions.