Table of contents:
Article 2-The entrepreneur’s identity
Article 3-Scope of application
Article 4-The offer
Article 5-The supply agreement
Article 6-Right of withdrawal
Article 7-Right of withdrawal costs of withdrawal
Article 8-Exclusion of the right of withdrawal
Article 9-The price
Article 10-Conformity the price and guaranteed Delivery and implementation
Article 11-Delivery and execution
Article 12-Duration transactions: duration, cancellation and renewal Payment
Article 14-Complaints procedure
Article 16-Additional or different terms
The following definitions apply to these conditions:
1.Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
2.Consumer: a natural person not acting in the course of a profession or business and a distance contract with the entrepreneur;
3.Day: calendar day;
4.Duration transaction: a distance contract in connection with a series of products and/or services, whose supply and/or purchase obligation in time is spread;
5.Durable medium: any means that allows the consumer or business owner information that is addressed to him personally, store in a way that future consultation and unaltered reproduction of the information stored.
6.Right of withdrawal: the possibility for the consumer to within the cooling-off period opt out of the contract;
7.Standard form: the model withdrawal form that the entrepreneur which a consumer can fill in when he wishes to exercise his right of withdrawal.
8.Entrepreneur: the natural or legal person who remotely products and/or services to consumers;
9.Distance contract: means a contract in which the entrepreneur in the framework of an organized system for distance selling of products and/or services, to the conclusion of the agreement exclusive use of one or more means of distance communication;
10.Means of distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur in the same room are met.
11.General conditions: these general terms and conditions of the business owner.
Article 2 – identity of the entrepreneur
Stal Bolsterbos BVBA
Email address: firstname.lastname@example.org
Chamber of Commerce number: 0501927884
VAT identification number: BE 0501.927.884
Article 3 – scope of application
1.These general conditions apply to all offers of the entrepreneur and on any distance contract concluded and orders between the entrepreneur and the consumer.
2.Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, will before the distance contract is concluded, indicated that the General conditions at the entrepreneur and, at the request of the consumer as quickly as possible be sent free of charge.
3.If the distance contract is concluded electronically, then by way of derogation from the previous paragraph, and before the distance contract is concluded, the text of these general conditions to the consumer electronically will be made available in such a way that the consumer can easily stored on a durable medium. If this is not reasonably possible, will before the distance contract is concluded, be indicated where the General conditions by electronic means can be heard and that they are at the consumer’s request, by electronic means or otherwise will be sent free of charge.
4.In addition to these general conditions specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer in the event of conflicting terms and conditions always rely on the applicable provision that is most favorable to him.
5.If one or more provisions in these general terms and conditions be void in whole or in part, at any time or be destroyed, then the agreement and these terms and conditions for the rest and the provision concerned mutual agreement without delay will be replaced by a provision that the thrust of the original as much as possible approached.
6.Situations that are not in these terms and conditions are governed, should be assessed ‘ in spirit ‘ of these general conditions.
7.Ambiguities about the interpretation or content of one or more provisions of our terms and conditions, to be explained ‘ the spirit ‘ of these terms and conditions.
Article 4-The offer
1.If an offer is subject to a limited duration or subject to conditions, this will be explicitly stated in the offer.
2.The offer is without obligation. The entrepreneur is entitled to change and adapt the offer
3.The offer includes a complete and accurate description of the products and/or services. The description is sufficiently detailed to a proper assessment of the offer by the consumer as possible. If the entrepreneur uses images, these are a true reflection of the products and/or services. Obvious mistakes or obvious errors in the offer shall be binding on the entrepreneur.
4.All images, specifications data in the offer are indication and cannot give rise to compensation or dissolution of the agreement.
5.Images at products are a true reflection of the products offered. Entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.
6.Every offer will contain such information that clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
- the price including taxes;
- any costs of shipping;
- the way in which the contract shall be concluded and which actions this will require;
- whether or not to apply the right of withdrawal the method of payment, delivery or performance of the contract;
- the deadline for accepting the offer, or the period for adhering to the price;
- the level of the rate for distance communication, if the cost of using the means of distance communication are calculated on a basis other than the basic fee for;
- whether the agreement is filed subsequent to its conclusion, and if so how the consumer to consult it;
- the way in which the consumer, for the conclusion of the agreement, the information provided under the agreement can rectify these;
- the languages in which, in addition to the Dutch, the contract can be concluded;
- the conduct to which the entrepreneur has subject and the way in which the consumer can consult by electronic means; and the minimum duration of the contract in case of an expensive transaction.
Article 5-The supply agreement
1.The agreement is subject to the provisions of paragraph 4, at the time the consumer accepts the offer and comply with the corresponding conditions.
2.If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may rescind the contract.
3.If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure Web environment. If the consumer can pay electronically, the trader will appropriate security measures.
4.The economic operator may – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur on the basis of this research has good reasons not to go to the agreement, he is entitled to refuse an order or request or motivated to implement special conditions.
5.The entrepreneur will at the product or service to the consumer the following information, in writing or in such a way that the consumer can store it on an accessible durable medium:
a.het visiting address of the trader’s business where the consumer can lodge complaints;
b.de conditions and how the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c.de information on existing after-sales service and guarantees;
d.de in article 4 paragraph 3 of these conditions, unless the trader has already provided the consumer with this data before the implementation of the contract;
e.de requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
f.In case of an expensive transaction, the stipulation in the previous paragraph applies only to the first delivery.
g. Each agreement is entered into under the suspensive conditions of sufficient availability of the products.
Article 6-right of withdrawal
upon delivery of products:
1.When purchasing products, the consumer has the ability to dissolve the contract, without giving reasons for 14 days. This period commences on the day following receipt of the product by or on behalf of the consumer and to the.
2.During this period the consumer shall handle with the product and its packaging. He will only unpack or use the product to the extent necessary in order to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will have the product and – if possible – in the original condition and packaging to return the entrepreneur, in accordance with the reasonable and clear instructions by the entrepreneur.
3.If the consumer wishes to exercise his right of withdrawal he shall, within 14 days after receipt of the product, to make known to the entrepreneur. Making known the consumer to do by means of the standard form. After the consumer expressed wanting to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered are returned in a timely manner, for example by means of a proof of shipping.
4.If the customer after expiration of the periods referred to in paragraph 2 and 3 has notified not to want to make use of his right of withdrawal or the product does not meet the entrepreneur has returned, the sale is a fact.
5.The goods are insured and traceable to be returned.
Upon delivery of services:
6.On delivery of services, a consumer has the possibility to dissolve the contract without giving any reason for at least 14 days with effect from the day of entering into the agreement.
7.To make use of his right of withdrawal, the consumer focus to the entrepreneur at the offer and/or at the latest at the supply reasonable and clear instructions in this regard.
Article 7 – Costs of withdrawal
1.If the consumer exercises his right of withdrawal, at the cost of return shipping account.
2.If the consumer has paid an amount, the entrepreneur this amount as soon as possible, but no later than 14 days after withdrawal. This is the condition that the product already received back by the webshop owner or conclusive evidence of complete return is required.
3.If you have received the package without shipping cost (amount above 125 euro), the delivery costs paid by us was settled.
Article 8 – Exclusion of the right of withdrawal
1.The entrepreneur can exclude the right of withdrawal by the consumer for products such as defined in paragraph 2 and 3. The exclusion of the right of withdrawal is valid only if the entrepreneur clearly in the offer, at least in time for the conclusion of the agreement, has mentioned.
2.Exclusion of the right of withdrawal is only possible for products:
- Provided by the entrepreneur are established in accordance with the consumer’s specifications;
- That are clearly personal in nature; (articles Glamourhorze, Lipica, Shetan Fashion, custom made saddles, especially for the ordered goods)
- That cannot be returned due to their nature;
- That rapidly decay or become obsolete;
- The price of which is subject to fluctuations on the financial market on which the entrepreneur has no influence;
- For individual newspapers and magazines;
- Discounted items.