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General terms and conditions

Table of Contents:

Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Duration Transactions: Duration, Termination, and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

  1. Reflection Period: the period within which the consumer can exercise their right of withdrawal;

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

  3. Day: calendar day;

  4. Duration Transaction: a distance contract concerning a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;

  5. Durable Data Carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information;

  6. Right of Withdrawal: the consumer's option to withdraw from the distance contract within the reflection period;

  7. Model Form: the model form for withdrawal provided by the entrepreneur that a consumer can complete when they wish to exercise their right of withdrawal;

  8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

  9. Distance Contract: a contract concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, using one or more means of remote communication exclusively until the conclusion of the contract;

  10. Means of Remote Communication: any means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same space;

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

Article 2 – Identity of the Entrepreneur
Atelier Abricot
Wijnstraat 49, 9600 Ronse
Opening hours: Wednesday, Thursday, Friday, and Saturday from 10 AM - 12 PM and from 2 PM - 6 PM
Email address: [email protected]
Company registration number: 0778 235 651
VAT identification number: BE 0778 235 651
Sole proprietorship

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge upon request as soon as possible.

  3. If the distance contract is concluded electronically, then, contrary to 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 the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.

Article 4 – The Offer

  1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

  2. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.

  3. 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, these must be a true representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.

  4. All images, specifications, and details in the offer are indicative and cannot be grounds for compensation or contract dissolution.

  5. Images accompanying products are a truthful representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

  6. Each offer includes sufficient information to make it clear to the consumer what rights and obligations are associated with acceptance of the offer. This includes, in particular:

    • The price including taxes;

    • Any shipping costs;

    • The method by which the contract will be concluded and the necessary steps 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 cost of remote communication if these costs are calculated on a different basis than the standard base rate for the communication method used;

    • Whether the contract will be archived after conclusion, and if so, how it can be accessed by the consumer;

    • How the consumer can verify and correct the information provided under the contract before its conclusion;

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

    • The codes of conduct to which the entrepreneur is subject and how the consumer can electronically consult these codes; and

    • The minimum duration of the distance contract in the case of a continuous transaction.

Article 5 – The Contract

  1. The contract, subject to the provisions of paragraph 4, is concluded when the consumer accepts the offer and meets the associated conditions.

  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed, the consumer can dissolve the contract.

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

  4. The entrepreneur may, within legal frameworks, investigate whether the consumer can fulfill their payment obligations and all other relevant facts and factors for responsibly entering into the distance contract. If the entrepreneur has good reasons not to enter into the contract based on this investigation, they are entitled to refuse an order or attach special conditions to the execution.

  5. The entrepreneur will include the following information, in writing or in an accessible way for the consumer, with the product or service: a. The business address where the consumer can lodge complaints; b. The conditions and procedures for exercising the right of withdrawal or a clear statement if the right of withdrawal does not apply; c. Information on warranties and existing after-purchase services; d. The information included in Article 4, paragraph 3, unless this has already been provided before the contract’s execution; e. The requirements for contract termination if the contract lasts longer than one year or is indefinite.

  6. In the case of a continuous transaction, the previous paragraph applies only to the first delivery.

  7. Each contract is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

For product delivery:

  1. When purchasing products, the consumer has the right to dissolve the contract within 14 days without stating reasons. This period starts the day after the consumer, or a designated third party known to the entrepreneur, receives the product.

  2. During the reflection period, the consumer must handle the product and packaging with care. The consumer shall only unpack or use the product as necessary to assess whether they wish to keep it. If the consumer exercises the right of withdrawal, they must return the product with all accessories and, if reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.

  3. If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product via the model form. After notifying, the consumer must return the product within 14 days. The consumer must prove that the product has been returned on time, for example, by providing proof of shipment.

  4. If the consumer does not notify the entrepreneur within the specified periods in paragraphs 2 and 3, or fails to return the product, the purchase is final.

For service delivery: 5. When receiving services, the consumer has at least 14 days to withdraw from the contract without stating reasons, starting from the day the contract is concluded. 6. To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or no later than delivery.

Article 7 – Costs in Case of Withdrawal

  1. If the consumer exercises the right of withdrawal, they will bear the return shipping costs at most.

  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided the returned product has been received or proof of complete return is supplied.

Article 8 – Exclusion of the Right of Withdrawal

  1. The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3, provided this is clearly stated in the offer before the contract’s conclusion.

  2. Exclusion of the right of withdrawal is only possible for products: a. Made to the consumer’s specifications; b. That are clearly personal in nature; c. That cannot be returned due to their nature; d. That deteriorate or expire quickly; e. Whose price depends on financial market fluctuations beyond the entrepreneur’s control; f. Hygiene products where the consumer has broken the seal.

Article 9 – Price

  1. Prices of products and/or services stated in the offer will not be increased during the validity period, except for VAT rate changes.

  2. Notwithstanding paragraph 1, the entrepreneur may offer variable prices for products or services subject to financial market fluctuations beyond their control. Such fluctuations and the fact that listed prices are target prices must be stated in the offer.

  3. Price increases within 3 months after contract conclusion are only allowed if due to legal regulations or provisions.

  4. Price increases after 3 months of contract conclusion are only allowed if stipulated by the entrepreneur and: a. Result from legal regulations or provisions; or b. The consumer has the right to terminate the contract on the effective date of the price increase.

  5. Prices in product or service offers include VAT.

  6. All prices are subject to printing and typographical errors. No liability is accepted for consequences of such errors, and the entrepreneur is not obliged to deliver products at incorrect prices

 

Article 10 – Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
  2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
  4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual consumer’s application, nor for any advice regarding the use or application of the products.
  5. The warranty does not apply if:
    • The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
    • The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur’s instructions and/or those on the packaging;
    • The defect is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

  1. The entrepreneur will exercise the utmost care when receiving and executing product orders and when assessing requests for the provision of services.
  2. The delivery location is the address provided by the consumer to the company.
  3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than 30 days unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot or can only partially be executed, the consumer will be informed no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the agreement without cost. The consumer is not entitled to any compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from stated delivery times. Exceeding a term does not entitle the consumer to compensation.
  5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days after dissolution.
  6. If the delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. The consumer will be clearly and comprehensibly informed of the replacement upon delivery at the latest. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.
  7. The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a previously designated and announced representative unless expressly agreed otherwise.

Article 12 – Ongoing Transactions: Duration, Termination, and Renewal

Termination

  1. The consumer may terminate an agreement concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
  2. The consumer may terminate a fixed-term agreement for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
  3. The consumer may terminate the agreements referred to in the previous paragraphs:
    • At any time and not be restricted to termination at a specific time or during a specific period;
    • At least in the same manner as they were entered into;
    • Always with the same notice period that the entrepreneur has stipulated for itself.

Renewal
4. A fixed-term agreement for the regular delivery of products (including electricity) or services may not be automatically renewed or extended for a fixed duration.
5. By way of derogation from the previous paragraph, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a maximum of three months if the consumer can terminate the extended agreement by the end of the extension with a notice period of no more than one month.
6. A fixed-term agreement for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement extends to the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.
7. A limited-term agreement for the regular introduction to daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically continued and will end automatically at the end of the trial or introductory period.

Duration
8. If an agreement has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.

Article 13 – Payment

  1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period as referred to in Article 6, paragraph 1. In the case of a service agreement, this period begins after the consumer has received the confirmation of the agreement.
  2. The consumer is obliged to report any inaccuracies in provided or stated payment details to the entrepreneur immediately.
  3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs that were communicated in advance to the consumer.

Article 14 – Complaints Procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
  2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
  5. Consumers must first turn to the entrepreneur in case of complaints. If a complaint cannot be resolved in mutual consultation, the consumer may refer to the European ODR platform (http://ec.europa.eu/odr). Costs associated with this process are borne by the consumer.
  6. A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

  1. Only Belgian law applies to agreements between the entrepreneur and the consumer covered by these general terms and conditions, even if the consumer resides abroad.
  2. The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.