Index
- Article I - Definitions
- Article II - Identity of the trader
- Article III - Applicability
- Article IV - The offer
- Article V - The contract
- Article VI - Right of return
- Article VII - Customers’ obligations in case of return
- Article VIII - Customers who exercise their right of return and the costs involved
- Article IX - Traders’ obligations in case of return
- Article X - Precluding the right of return
- Article XI - The price
- Article XII - Contract fulfillment and extra guarantee
- Article XIII - Delivery and implementation
- Article XIV - Extended duration transactions: duration, termination and prolongation
- Article XV - Payment
- Article XVI - Complaints procedure
- Article XVII - Disputes
- Article XVIII - Additional or different stipulations
I - Definitions
The following definitions apply in these terms and conditions:
- Supplementary agreement: an agreement in which a consumer obtains products, digital content and/or services via a distance contract, and a trader or a third party delivers these products, digital content and/or services in accordance with an agreement between that third party and the trader;
- Return period: the period within which a consumer can make use of his right of return;
- Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
- Day: calendar day;
- Digital content: data that are produced and supplied in digital form;
- Extended duration transaction: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
- Durable medium: every means - including emails - that enables a consumer or trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
- Right of return: the possibility for a consumer to waive a distance contract within the return period;
- Trader: a natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;
- Distance contract: a contract concluded between a trader and a consumer within the framework of system organized for the distance sale of products, digital content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
- Technique for distance communication: means that can be used for communication regarding the offer made by the trader and concluding a contract, without the necessity of the consumer and trader being in the same place at the same time.
II - Identity of the trader
Article III - Applicability
- These general terms and conditions apply to every offer made by a trader and to every distance contract that has been realized between a trader and a consumer.
- Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.
- If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.
- In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.