In these terms and conditions, the following definitions shall apply:
Reflection time: the period within which the consumer can exercise his right of withdrawal;
Consumer: The natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a manner that permits future consultation and unaltered reproduction of the stored information.
Right of Withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: The natural or legal person offering products and/or services to consumers at a distance;
Remote Agreement: An agreement in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
2. 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur and they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.
1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are as truthful as possible representation of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer.
This concerns in particular:
* the price including taxes;
* the cost of delivery, if any;
* the manner in which the agreement will be established and what actions are necessary to do so;
* whether or not the right of withdrawal applies;
* the method of payment, delivery and performance of the agreement;
* the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
* the amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
* whether the agreement is archived after its conclusion, and if so in what way it can be accessed by the consumer;
* the way in which the consumer, before the conclusion of the contract, can check the data provided by him under the contract and, if desired, rectify it;
* any other languages in which, in addition to Dutch, the agreement may be concluded;
* the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically;
* the minimum duration of the distance contract in the case of an endurance transaction.
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
5. The entrepreneur will include with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
a. the visiting address of the trader's branch where the consumer can address complaints;
b. the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
c. the information about warranties and existing service after purchase;
d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and its 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 exercises 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 providing services:
3. In case of delivery of services, the consumer has the possibility to dissolve the agreement without giving reasons for at least fourteen days, starting from the day of entering into the agreement.
4. To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest at the time of delivery.
1. If the consumer exercises his right of withdrawal, no more than the cost of return shipment shall be borne by him.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
1. The trader can exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with consumer specifications;
b. that are clearly personal in nature;
c. which by their nature cannot be returned;
d. that may spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for single newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. concerning lodging, transportation, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b. whose delivery has begun with the consumer's express consent before the cooling-off period has expired;
1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
3. Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
a. these are the result of legal regulations or provisions;
b. whether the consumer has the authority to terminate the agreement as of the day the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations that existed on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee 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 agreement.
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in article 4 of these general conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this within 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and right to possible compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
6. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.
Article 12 - Duration transactions duration, termination and renewal:
Termination:
1. The consumer may at any time terminate a contract entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period not exceeding one month.
2. The consumer may terminate a fixed-term contract that has been concluded for the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.
3. The consumer may the agreements mentioned in the previous paragraphs:
* cancel at any time and not be limited to cancellation at a particular time or period;
* at least terminate in the same manner as they were entered into by him;
* always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension:
4. An agreement entered into for a definite period of time, which extends to the regular supply of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
5. Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.
6. A fixed-term contract that has been concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement of limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration:
8. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
1. Unless otherwise agreed, the amounts owed by the consumer should be paid within 14 days after the start of the reflection period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment is stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
4. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has found the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Belgian law. All disputes in which there is no mutual agreement between the entrepreneur and the consumer will be brought before the Commercial Court.
The commercial court handles first instance cases:
a. Commercial disputes with an amount greater than 1860 euros
b. Judgments of bankruptcy
c. Conflicts between shareholders of a corporation
You can find all disputes handled by the Commercial Court in the Judicial Code from article 573 to 577. In addition to the disputes it deals with in the first instance, it also handles appeals against judgments of the justice of the peace in commercial disputes.
If either party does not agree with the judgment of the commercial court, it may appeal to the court of appeals (except in cases that are already an appeal from a judgment in the justice of the peace).
16.1.1 There is no entitlement to a refund if the product has been used and/or damaged and/or is not returned in its original packaging. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.
16.1.2 Insufficiently stamped returns will not be accepted by us, regardless of the reason for return
16.2. Delivery and Performance:
16.2.1. We deliver the goods from stock and send the ordered product after payment the same, at the latest the next working day. For this purpose we use the services of BPost.
As a rule, most of the order will be delivered within 48 hours. A small portion will take one to two days longer.
Delivery takes place Tuesday through Saturday.
16.2.2. If the buyer is not at home at the time of delivery, BPost will offer the parcel to a neighbor or the next day. If the Buyer is not at home even then, the package can still be picked up at the Post Office within 2 weeks. BPost will inform the buyer about this. Orders that may fit through the mailbox will be sent by letter mail.
16.2.3. All terms mentioned on the Internet site are indicative. No rights can therefore be derived from the terms mentioned.
16.2.4 The buyer will receive timely notice from Deschouwermotos 2.0 if a product is unexpectedly no longer, or temporarily out of stock. The buyer then has the option to cancel the order or wait for the next delivery.
16.2.5 Deschouwermotos 2.0 delivers the goods to the delivery address specified by the buyer. In case of warranty or faulty delivery, the buyer may, after consultation with Deschouwermotos 2.0, return the goods free of charge.
16.3 Conformity and Warranty:
16.3.1 Deschouwermotos 2.0 guarantees that the goods it delivers meet the requirements of usability, reliability and longevity as reasonably intended by the parties to the purchase agreement, and thereby stands as guarantor for the one-year warranty.
16.3.2 The warranty period of Deschouwermotos 2.0 corresponds to the warranty period specified by the supplier. This warranty does not apply in case the defect is due to improper care, wear and tear due to improper use or other damages caused by the buyer's actions.
16.3.3 Deschouwermotos 2.0 offers the buyer a money back guarantee. Should the goods break down during normal use within 30 days and the buyer does not wish to receive new goods, the buyer will receive a refund within 14 days. The assessment of whether the product qualifies for this money-back guarantee lies with Deschouwermotos 2.0.
16.4 Data Management:
16.4.1 If the buyer places an order with Deschouwermotos 2.0, his data will be included in the customer database. Deschouwermotos 2.0 uses this customer data only for the purpose for which they are provided: processing orders and informing the buyer as well as possible. Deschouwermotos 2.0 does not provide personal information and email address(es) of the buyer, to third parties, unless with explicit permission. In this way we comply with the Personal Data Protection Act.
16.4.2 the buyer will receive an order confirmation by E-mail immediately after the purchase. This order confirmation contains all relevant data.
16.4.3. the buyer has the possibility to check the status of the order and view a summary of orders through the website of Deschouwermotos 2.0, provided that the buyer has logged in via an account during the order.
16.4.4 Deschouwermotos 2.0 respects the privacy of the users of the Internet site and ensures confidential treatment of the personal data of the buyer or visitor.
16.4.5 Deschouwermotos 2.0 uses a mailing list in some cases. Only people who have signed up through confirmation are on this mailing list. Each mailing contains the possibility to be removed from this list.
16.4.6 We regularly send a newsletter containing attractive offers, information on the latest developments regarding our products and mention of events organized by us.
16.5. Images and Specifications:
16.5.1 All images; photographs, drawings etc. and (technical) specifications; including data on weights, dimensions, colors etc. on the internet site of Deschouwermotos 2.0 are approximate only, are indicative and can not give rise to compensation or dissolution of the agreement.
16.6 Copyright:
16.6.1 This site was built on behalf of Deschouwermotos 2.0. No part of the content of this site, image, text or code, may be reproduced and/or published in any way without prior, permission of Deschouwermotos 2.0.
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