These Terms and Conditions are intended to guide the cooperation between supplier and customer.
Table of Contents:
Article 1 – Definitions
Article 2 – Entrepreneur Identity
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of revocation
Article 8 – Exclusion of Right of Cancellation
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Implementation
Article 12 – Duration Transactions: Expensive
Article 1 – Definitions
In these terms, the following terms shall apply:
Prayer period: The term within which the consumer may make use of his right of withdrawal; Consumer: the natural person who does not act in the exercise of occupation or business and a distance contract with the entrepreneur; Day: calendar day;
Duration Transaction: A remote agreement with respect to a range of products and / or services, whose delivery and / or purchase obligation has been spread over time;
Sustainable data carrier: any means that allows the consumer or entrepreneur to store information that is personalized to him in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: The possibility for the consumer to refrain from the distance agreement within the conceivable period;
Entrepreneur: Organization offering remote products and / or services to consumers;
Remote Agreement: an agreement whereby only one or more remote communication techniques are used in the context of a system for distance selling products and / or services from the entrepreneur until the conclusion of the agreement; Remote communication technology: means that can be used to conclude an agreement without the consumer and the entrepreneur being combined simultaneously in the same space; Organization providing remote products and / or services to consumers; Remote Agreement: an agreement whereby only one or more remote communication techniques are used in the context of a system for distance selling products and / or services from the entrepreneur until the conclusion of the agreement; Remote communication technology: means that can be used to conclude an agreement without the consumer and the entrepreneur being combined simultaneously in the same space; Organization providing remote products and / or services to consumers; Remote Agreement: an agreement whereby only one or more remote communication techniques are used in the context of a system for distance selling products and / or services from the entrepreneur until the conclusion of the agreement; Remote communication technology: means that can be used to conclude an agreement without the consumer and the entrepreneur being combined simultaneously in the same space; Until the conclusion of the agreement, only one or more remote communication techniques are used; Remote communication technology: means that can be used to conclude an agreement without the consumer and the entrepreneur being combined simultaneously in the same space; Until the conclusion of the agreement, only one or more remote communication techniques are used;
Remote communication technology: means that can be used to conclude an agreement without the consumer and the entrepreneur being combined simultaneously in the same space;
Article 2 – Entrepreneur’s Identity
Name Entrepreneur: Amish Jain
Establishment Address: Grotesteenweg 25
BANK: BE22 3770 4288 4747 BIC: BBRUBEBB
Phone: 0032 486535232
E-mail address: [email protected]
VAT Identification Number: BE 0527929131
If the activity of the entrepreneur is subject to a relevant licensing system: Supervisory authority:
If the entrepreneur exercises a regulated profession:
the professional association or organization in which he is affiliated, the professional title,The place in the EU or the European Economic Area where it has been granted; a reference to the professional rules applicable in Belgium and indications where and how these professions are accessible.
Article 3 – Applicability
These General Terms and Conditions apply to any offer of the entrepreneur and to any agreement reached between the entrepreneur and the consumer. Before the remote agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, before the agreement is concluded on a remote basis, it is indicated that the terms and conditions of the entrepreneur will be shown and sent free of charge at the request of the consumer as soon as possible. If the remote agreement is closed electronically, by way of derogation from the previous paragraph and before the distance agreement is concluded, The text of these terms and conditions shall be made available to consumers electronically in such a way that it can be stored by the consumer in a simple manner on a sustainable data carrier. If this is not reasonably possible, before the distance contract is concluded, the terms of the general terms and conditions will be notified electronically and that they will be sent free of charge electronically or otherwise by the consumer. In the event that, in addition to these terms and conditions, specific product or service terms and conditions apply,
Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true and fair view of the products and / or services offered. Apparent mistakes or manifest errors in the offer do not bind the entrepreneur. Each offer contains such information that it is clear to the consumer what the rights and obligations are attached to the acceptance of the offer. This concerns in particular: the price including taxes;
Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions attached thereto. If the consumer has accepted the offer by electronic means, the entrepreneur immediately confirms receipt of acceptance of the offer by electronic means. As long as the acceptance of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement. If the agreement is established electronically, the entrepreneur finds appropriate technical and organizational measures to ensure the electronic data transfer and ensures a secure web environment. If the consumer can pay electronically, The entrepreneur will take appropriate safety measures to this end. The entrepreneur can, within legal frameworks, inform whether the consumer is able to meet his payment obligations, as well as all the facts and factors that are relevant for the accountability of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the agreement, he is entitled to refuse an order or application or to impose special conditions on the execution. The business owner shall provide the consumer 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 manner on a durable data carrier:
Article 6 – Right of withdrawal
When delivering products:
When purchasing products, the consumer has the opportunity to dissolve the agreement without giving reasons for 14 days. This term will expire on the day following receipt of the product by the consumer or a consumer appointed by the consumer and notified to the entrepreneur. During the bedtime, consumers will carefully handle the product and the packaging. He will only extract or use the product to the extent that it is necessary to assess whether he wishes to maintain the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – to the vendor in the original condition and packaging, In accordance with the reasonable and clear instructions provided by the entrepreneur.
Upon delivery of services: For the provision of services, the consumer has the opportunity to dissolve the agreement without giving reasons for at least fourteen days, starting on the date of entering into the contract. In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur for the offer and / or appearance at the time of delivery.
Article 7 – Costs in case of revocation
If the consumer makes use of his right of withdrawal, at most the costs of return shall be borne by him. If the consumer has paid an amount, the entrepreneur will repay this amount as soon as possible, but no later than 30 days after the return or revocation.
Article 8 – Exclusion of right of withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal in so far as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur clearly stated this in the offer, at least in time for the conclusion of the agreement. . Exclusion of the right of withdrawal is only possible for products: which have been established by the entrepreneur in accordance with consumer specifications, which are clearly personal in nature, which can not be returned by their nature, which can spoil or age quickly, whose price Is subject to fluctuations in the financial market on which the entrepreneur has no influence; for newspapers and magazines; For audio and video recordings and computer software that the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services: regarding accommodation, transport, restaurant or leisure activities on a particular date or during a certain period of time, the delivery of which has been expressly agreed by the consumer before the time limit has expired; Lotteries.
Article 9 – The price
During the period of validity of the offer, the prices of the products and / or services offered shall not be increased, subject to changes in prices resulting from changes in VAT rates. By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur is not affected by variable prices. This range of fluctuations and the fact that any prices quoted are target prices are stated in the offer. Price increases within 3 months after the conclusion of the agreement are permitted only if they result from statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stated this and: they are due to statutory regulations or provisions; Whether the consumer has the power to terminate the agreement as from the date of the price increase. The prices mentioned in the offer of products or services include VAT.
Article 10 – Conformity and Warranty
The entrepreneur ensures that the products and / or services comply with the agreement, the specifications specified, the reasonable requirements of validity and / or usability and the date of the creation of The agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may apply to the entrepreneur under the agreement.
Article 11 – Delivery and execution
The entrepreneur shall take the utmost care with regard to the receipt and execution of orders for products and in the evaluation of applications for the provision of services. The place of delivery is the address that the consumer has notified to the company. With due regard to what is stated in article 4 of these terms and conditions, the company will carry out accepted orders at an accelerated rate, but not later than 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order can not be executed or only partially, the consumer will receive a notice of this within 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost. In case of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but not later than 30 days after dissolution. If delivery of a ordered product proves impossible, the entrepreneur will make an effort to make a replacement article available. Delivery will be reported in a clear and comprehensible manner that a replacement article is delivered. For replacement items right of withdrawal can not be excluded. The cost of any return shipping is at the expense of the entrepreneur.
Article 12 – Duration Transactions: Duration, Termination and Extension
The consumer may at any time terminate an agreement which has been concluded for an indefinite period and which provides for the scheduled delivery of services in accordance with agreed termination rules and a notice period of no more than one month . Consumers may terminate a fixed-term agreement which extends to the scheduled delivery services at any time by the end of the specified period in accordance with agreed notice of termination and a notice period of no more than one month. Consumers may terminate the agreements mentioned in the previous paragraphs: at any time and not be restricted to termination at a particular time or in a specified period;
Extension An agreement entered into for a limited period of time, which extends to the regular delivery of services, may not be tacitly renewed or renewed for a certain period. By way of derogation from the previous paragraph, a fixed-term agreement which provides for the regular delivery of daily news and weekly newspapers and periodicals may be tacitly extended for a period of up to three months if the consumer agrees to this extended agreement Terminate the end of the renewal with a notice period of no more than one month. A contract that has been concluded for a certain period and which involves the regular delivery of services, May only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the event of the agreement being scheduled but delivered less than once a month Daily, news and weekly magazines and magazines. Contracts of limited duration until scheduled delivery of daily, news and weekly magazines and magazines (trial or acquaintance subscription) are not tacitly continued and end automatically after the trial or acquisition period.
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of no more than one month unless the reasonableness and fairness contravene termination before the end of the agreed duration. .
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer shall be paid within 10 days of the commencement of the notice referred to in Article 6, paragraph 1. In the case of a service contract, catches This period after the consumer has received confirmation of the agreement. When selling products to consumers, in general terms, advance payment of more than 50% may never be exceeded. When prepayment is made, the consumer can not make any right regarding the execution of the order or service (s) concerned before the prepaid payment has taken place. The consumer is obliged to notify the entrepreneur without delay of any incorrect or stated payment information. In case of non-payment by the consumer, the entrepreneur has the right to charge the reasonable costs announced to the consumer, subject to legal restrictions.
Article 14 – Complaint settlement
The entrepreneur has a sufficiently well-known complaints procedure and deals with the complaint in accordance with this complaint procedure. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly, after the consumer has identified the defects. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a notice of receipt and an indication when the consumer can expect a more comprehensive response.
Article 15 – Disputes
Under agreements between the entrepreneur and the consumer to which these terms and conditions apply, only Belgian law applies.
Article 16 – Additional or derogatory provisions Additional or different provisions
from these Terms and Conditions may not be to the detriment of the consumer and must be written in writing or in such a way that they can be stored by the consumer in an accessible manner on a sustainable Data carrier.