Terms & Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer can exercise their right of withdrawal;

Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Continuous transaction: a distance contract relating to a series of products and/or services, the delivery and/or acquisition obligation of which is spread over time;

Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that future consultation and unchanged reproduction of the stored information is possible.

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 between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, using exclusively one or more means of distance communication up to and including the time the contract is concluded;

Means of distance communication: a means that can be used for concluding a contract, without the consumer and entrepreneur being together in the same space.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Jari Lockefeer

Address: Zand 15, 2930 Brasschaat

Province: Antwerp

Country: Belgium

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract that has been concluded and orders between entrepreneur and 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur's premises and they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that it can be stored by the consumer in a simple way on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be electronically inspected and that they will be sent to the consumer free of charge electronically or otherwise upon request.

In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply correspondingly and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions at any time are wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the provision in question will immediately be replaced by mutual agreement by a provision that approaches the original as closely as possible.

Situations that are not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.

Uncertainties about the interpretation or content of one or more provisions of our conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 – The offer

If an offer has a limited duration or is subject to conditions, this will 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 offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Apparent mistakes or apparent errors in the offer do not bind the entrepreneur.

All images, specifications data in the offer are an indication and cannot give rise to compensation or dissolution of the agreement.

Images of products are a truthful representation of the offered products. Entrepreneur cannot guarantee that the displayed colors exactly match the real 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 accepting the offer. This concerns in particular:

  • the price, excluding customs clearance costs and import VAT. These additional costs will be at the expense and risk of the customer. The post and/or courier service will use the special scheme for postal and courier services with respect to the import. This scheme applies when the goods are imported into the EU country of destination, which is also the case here. The post and/or courier service collects the VAT (whether or not together with the clearance costs charged) from the recipient of the goods;

  • any costs of shipping;

  • the way in which the contract will be concluded and which actions are required for this;

  • whether or not the right of withdrawal applies;

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

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

  • the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication medium used;

  • whether the contract is filed after its conclusion, and if so, how it can be consulted by the consumer;

  • the way in which the consumer, before the contract is concluded, can check and, if necessary, restore the data provided by him under the contract;

  • the other languages in which, besides Dutch, the contract can be concluded;

  • the behavior codes to which the entrepreneur has submitted and the way in which the consumer can consult these behavior codes electronically; and

  • the minimum duration of the distance contract in the case of an extended 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 of acceptance by the consumer of the offer and the fulfillment of the conditions stipulated therein.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the 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 contract.

If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic data transfer and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may – within legal frameworks – check whether the consumer can meet his payment obligations, as well as all those facts and factors that are important to responsibly conclude the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the contract, he is entitled to refuse an order or request motivated or to attach special conditions to the execution.

The entrepreneur shall provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, with the product or service:

  • 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 statement regarding the exclusion of the right of withdrawal;
  • information about warranties and existing service after purchase;
  • the data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the contract;
  • the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite. In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

Every contract is entered into under the suspensive conditions of sufficient availability of the respective products.

Article 6 – Right of withdrawal

Upon purchase of products, the consumer has the possibility to dissolve the contract without giving reasons for 14 days. This reflection period commences on the day following receipt of the product by the consumer or a pre-designated representative known to the entrepreneur.

During the reflection period, the consumer will handle the product and 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 makes use of his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to make use of his right of withdrawal, he is obliged to inform the entrepreneur within 14 days after receiving the product. The consumer must inform the entrepreneur by means of a written message/e-mail. After the consumer has indicated that he wishes to make use of his right of withdrawal, he must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by means of a proof of dispatch.

If the customer has not made it known that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 – Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, the costs of returning the products are at the expense of the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted.

Article 8 – Exclusion of right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

  • that have been created by the entrepreneur in accordance with the specifications of the consumer;

  • that are clearly personal in nature;

  • that cannot be returned because of their nature;

  • that can spoil or age quickly;

  • whose price is bound to fluctuations in the financial market on which the entrepreneur has no influence;

  • for loose newspapers and magazines;

  • for audio and video recordings and computer software of which the consumer has broken the seal. for hygienic products of which the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services:

  • concerning accommodation, transport, catering business or leisure activities to be carried out on a certain date or during a certain period;

  • the supply of which has begun with the express consent of the consumer before the cooling-off period has expired;

  • concerning betting and lotteries. Article 9 – The price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, subject to price changes as a result of 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 bondage to fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

  • they are the result of legal regulations or provisions; or
  • the consumer has the authority to terminate the contract with effect from the day on which the price increase starts. The place of delivery is, pursuant to Article 5, first paragraph, of the Turnover Tax Act 1968, in the country where the transport starts. In this case, the delivery takes place outside the EU. Following this, the post or courier service will collect import VAT and/or clearance costs from the recipient. Therefore, no VAT will be charged by the entrepreneur.

All prices are subject to print and typographical errors. No liability is accepted for the consequences of print and typographical errors. In the event of print and typographical errors, the entrepreneur is not obliged to deliver the product according to the erroneous price.

Article 10 – Conformity and Warranty

The entrepreneur ensures that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days after delivery. Return of the products must take place in the original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;

  • The delivered products have been exposed to abnormal conditions or otherwise have been handled carelessly or have been treated contrary to the instructions of the entrepreneur and/or on the packaging;

  • The inadequacy is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the applied materials.

Article 11 – Delivery and execution

The entrepreneur shall exercise the greatest possible care when receiving and in the execution of product orders.

The place of delivery is the address that the consumer has made known to the company.

With due observance of what is stated about this in Article 4 of these general terms and conditions, the company shall execute accepted orders expeditiously but no later than 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or only partially, the consumer will receive notice of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without costs and a right to any compensation.

In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days after termination.

If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement article. At the latest at the delivery, it will be reported in a clear and comprehensible manner that a replacement article is delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of a possible return shipment are at the expense of the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and entrepreneur known representative, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, termination and extension

Termination

The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of agreed termination rules and a notice period of at most one month.

The consumer can terminate a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the definite period with due observance of agreed termination rules and a notice period of at most one month.

The consumer can the agreements mentioned in the previous paragraphs:

  • terminate at any time and not be limited to termination at a specific time or in a specific period;

  • at least terminate in the same way as they are entered into by him;

  • always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a definite period.

By way of derogation from the foregoing paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily newspapers, news and weekly magazines and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of at most one month.

A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period of at most one month and a notice period of at most three months if the contract extends to the regular, but less than once a month, delivery of daily newspapers, news and weekly newspapers and magazines.

A contract with a limited duration to the regular trial or introductory delivery of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time with a notice period of at most one month, unless reasonableness and fairness are opposed to termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.

The consumer has the duty to report inaccuracies in provided or stated payment details immediately to the entrepreneur.

In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.

Article 14 – Complaints procedure

Complaints about the implementation of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has noticed the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint is foreseeable to require a longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

If the complaint cannot be resolved in mutual consultation, then there is a dispute that is subject to the dispute settlement.

A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will either replace or repair the delivered products free of charge at her discretion.

Article 15 – Disputes

On agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law applies, even if the consumer is domiciled abroad.