Belgian applicable law: 28th February 2013, Art VI.45
Art 1: Definitions
Art 2: Identity of the entrepreneur
Art 3: Applicability
Art 4: The offer
Art 5: The agreement
Art 6: Right of withdrawal and costs
Art 7: Costs in case of withdrawal
Art 8: Exclusion of right of withdrawal
Art 9: The price
Art 10: Conformity and warranty
Art 11: Delivery and implementation
Art 12: Payment
Art 13: Complaints procedure
Art 14: Disputes
Art 15: Additional or deviating provisions
Addendum: Previous versions
Article 1 - Definitions
In these conditions, the following terms have the following meanings:
- Reflection period: the period within which the consumer can make use of his right of withdrawal.
- Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
- Day: calendar day.
- Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
- Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period.
- Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance.
- Distance contract: an agreement in which, in the context of a system organized by the entrepreneur for the distance sale of products or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used.
- Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
- General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Vereniging zonder winstoogmerk "Koninklijke Luchtcadetten van België".
Association sans but lucratif "Cadets de l'Air Royal de Belgique".
Base LtCol Avi Charles Roman
CC Air - Det. RBAC - B01
Rue de la Grande Lecke, 5
+32 2 442 56 50 or +32 2 442 56 57
firstname.lastname@example.org or email@example.com
Article 3 - Applicability
These General Terms and Conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and customer.
Before the distance contract is concluded, the text of these General Terms and Conditions will be made available to the customer. 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 and that they will be sent free of charge as soon as possible at the request of the customer.
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 to the customer electronically in such a way that they can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the General Terms and Conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always rely on the applicable provision that is most favourable to him in the event of conflicting General Terms and Conditions.
If one or more provision in these General Terms and Conditions are at any time wholly or partially null and void or destroyed, the agreement and these Terms and Conditions will remain in force and the relevant provision will be immediately replaced in mutual consultation by a provision that the purport from the original as closely as possible.
Situations that are not regulated in these General Terms and Conditions must be assessed “in the spirit” of these General Terms and Conditions.
Uncertainties about the explanation or content of one or more provisions of our Terms and Conditions should be explained “in the spirit” of these General Terms and Conditions.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images with products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
- The price (including taxes).
- The possible costs of shipping.
- The way in which the agreement will be concluded, and which actions are required for this.
- Whether or not the right of withdrawal applies.
- The method of payment, delivery and implementation of the agreement.
- The term for accepting the offer, or the term within which the entrepreneur guarantees the price.
- The level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used.
- Whether the agreement will be filed after the conclusion, and if so, how it can be consulted by the customer.
- The way in which the consumer, before concluding the agreement, can check the information provided by him under the agreement and, if necessary, restore it.
- Any other languages in which, in addition to Dutch, French and English, the agreement can be concluded.
- The behavioural codes to which the entrepreneur is subject and the way in which the consumer can consult these behavioural codes electronically.
- The minimum duration of the distance contract in the event of a length transaction.
- The available sizes, colours and type of materials (if applicable).
- Whether the product requires a minimum legal age for purchase (e.g., products containing alcohol). The responsibility regarding the purchase legality lies with the consumer. The entrepreneur cannot be held responsible for wrong or abusive use of the articles.
Article 5 - The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will 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 agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can – 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 reasons not to enter into the agreement, he is entitled to refuse an order request, with reasons, or to attach special conditions to the implementation.
The entrepreneur will send the following information with the product or service of the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
- The visiting address of the business location 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 guarantees and existing service after purchase.
- The information 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 agreement.
- The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal and costs
When delivering products:
When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
During this 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.
If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by contacting the entrepreneur via e-mail, phone or registered letter. After the consumer has made it known that he wishes to make use of his right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal resp. the product has not been returned to the entrepreneur, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs will not exceed the cost of return.
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. The condition is that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted.
Reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method.
In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
The consumer cannot be held liable for the depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.
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 only applies if the entrepreneur has 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:
- That have been created by the entrepreneur in accordance with the consumer’s specifications.
- That are clearly personal in nature.
- That cannot be returned due to their nature.
- That can spoil or age quickly.
- Whose price depends on fluctuation in the financial market on which the entrepreneur has no influence.
- For individual 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.
- For (parts of) products which, after breaking the seal by the consumer, have been in contact with foodstuffs and/or liquids and have therefore become unsuitable for resale.
Article 9 - The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
Contrary to 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, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- They are the result of statutory regulations or provision, or
- The consumer has the authority to cancel the contract on the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
All prices are subject to printing typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations. If agreed, the entrepreneur also guarantees 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 customer can assert against the entrepreneur on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Return of the products must be in the original packaging and in new condition.
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 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 modified the delivered products himself or had it repaired and/or modified by third parties.
- The delivered products have been exposed to abnormal circumstances or are otherwise handled carelessly or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging.
- The inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.
Article 11 - Delivery and implementation
The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer makes known to the company, unless the consumer has explicitly chosen a pick-up point.
With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than 30 days after reception of the payment, unless the consumer has agreed to a longer delivery period (assumed for products that are marked as “pre-order” or are personalized items). If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to a compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavour to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal cannot be excluded. The costs of a possible return shipment are for the account 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 representative made known to the entrepreneur, unless expressly agreed otherwise. The consumer is however responsible for the loss of the goods in case a wrong or incomplete address had been communicated to the entrepreneur. If the parcel seems to be opened and therefore incomplete after shipping, the consumer should refuse the parcel. If not, the shipping will be considered to be delivered in full.
The consumer shall select a shipping price corresponding to his delivery requests. If this is not the case (e.g., the consumer selects the shipping price for a pick-up point delivery and provides his own address instead), the entrepreneur has the right to put the order on hold until the consumer either has paid for the corresponding shipping or has revised his shipping requests. The entrepreneur will inform the consumer within 14 days after recognising the mismatching shipping fees. If the entrepreneur and consumer do not come to an agreement regarding the mismatching shipping costs and method, the order will be considered cancelled.
Article 12 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 10 days after the submission of the order, after which, the entrepreneur will consider the order cancelled.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
Article 13 - Complaints procedure
The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 1 month, after the consumer has discovered defects.
Complaints submitted to the entrepreneur will be answered within a period of 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 confirmation of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to a dispute settlement. In case of complaints, a consumer should turn to the entrepreneur. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be well founded by the entrepreneur, the entrepreneur will replace or repair the delivered products free of charge, at its option.
Article 14 - Disputes
Only Belgian law applies to agreements between the entrepreneur and the consumer to which these General Terms and Conditions apply. Even if the consumer lives abroad. The Vienna Sales Convention does not apply.
Article 15 - Additional or deviating provisions
Additional provisions or provisions deviating 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 medium.