Términos del servicio

General Terms and Conditions Tuinkabouter Chrisje

Table of contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The contract

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 extension

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. Long-term transaction: a distance contract concerning a series of products and/or services, the delivery and/or acceptance obligation of which 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 unchanged reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer 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 fill in when exercising their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
9. Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, only one or more techniques for distance communication are used up to and including the conclusion of the contract;
10. Technique for distance communication: means that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same space at the same time.
11. General Terms and Conditions: these current General Terms and Conditions of the entrepreneur.

 

Article 2 - Identity of the entrepreneur

Name of entrepreneur: Tuinkabouter Chrisje
Registered address: Kerkveldweg 14, 1750 Lennik, Belgium

Phone number: 0473/85 69 61

Email address: info@tuinkabouterchrisje.com

VAT identification number: BE 0723.822.809

 

Article 3 - Applicability

1. These General Terms and Conditions apply to every offer from 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 will be sent free of charge to the consumer as soon as possible upon request.
3. 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 consumer electronically in such a way that the consumer can easily store it 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 accessed electronically and that they will be sent free of charge electronically or otherwise upon the consumer’s request.
4. In the event that specific product or service conditions also apply alongside these general terms and conditions, the second and third paragraphs shall apply accordingly, and in case of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions shall remain in effect for the rest, and the relevant provision shall be promptly replaced by a provision that approximates the intent of the original as closely as possible through mutual consultation.
6. Situations not covered by these general terms and conditions shall be assessed ‘in the spirit’ of these general terms and conditions.
7. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions shall be interpreted ‘in the spirit’ of these general terms and conditions.

 

Article 4 - The offer

1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow 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 do not bind the entrepreneur.
4. All images and specification data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are connected to accepting the offer. This particularly concerns:

• the price including taxes;
• any shipping costs;
• the way in which the contract will be concluded and which actions are necessary for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and execution of the contract;
• the period for acceptance of the offer, or the period during which the entrepreneur guarantees the price;
• the amount of the fee for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the communication method used;
• whether the contract will be archived after conclusion, and if so, how it can be consulted by the consumer;
• the way in which the consumer can check and, if desired, correct the data provided by them in the context of the contract before concluding the contract;
• any other languages in which, besides Dutch, the contract can be concluded;
• the codes of conduct to which the entrepreneur has committed and how the consumer can consult these codes electronically; and
• the minimum duration of the distance contract in the case of a long-term transaction.
• Optional: available sizes, colors, types of materials.

 

 Article 5 - The contract

1. The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.
2. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. Until the entrepreneur has confirmed receipt of this acceptance, the consumer may 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 observe appropriate security measures.
4. The entrepreneur may, within legal frameworks, verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good reasons based on this investigation not to enter into the contract, they are entitled to refuse an order or request with justification or to attach special conditions to the execution.
5. The entrepreneur will provide the consumer with the following information regarding the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

1. the visiting address of the entrepreneur’s establishment where the consumer can address complaints;
2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
3. the information about guarantees and existing after-sales service;
4. 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;
5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

1. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
2. Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

 

Article 6 - Right of Withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the option to cancel the agreement without giving reasons within 14 days. This reflection period starts the day after the consumer or a representative designated in advance by the consumer and known to the entrepreneur receives the product.
2. During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all delivered accessories 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.
3. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. The consumer must notify by sending an email to info@tuinkabouterchrisje.com. After the consumer has indicated their intention to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered items were returned on time, for example by providing proof of shipment.
4. If the customer has not indicated after the periods mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.

When delivering services:

1. When delivering services, the consumer has the option to cancel the contract without giving reasons for at least 14 days, starting on the day the contract is concluded.
2. To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

 

Article 7 - Costs in case of withdrawal

1. If the consumer exercises their right of withdrawal, the costs of return shipment will be borne by the consumer up to a maximum.
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. This is conditional on the product having already been received by the webshop or conclusive proof of complete return being provided. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method.
3. In case of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before concluding the purchase agreement.

 

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. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products:

1. that have been created by the entrepreneur according to the consumer's specifications;
2. that are clearly personal in nature;
3. that cannot be returned due to their nature;
4. that can quickly perish or expire; such as fresh flowers.

1. Exclusion of the right of withdrawal is only possible for services:

1. for which delivery has begun with the express consent of the consumer before the reflection period has expired;

 

Article 9 - The Price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any stated prices are indicative prices are mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

1. these are the result of legal regulations or provisions; or
2. the consumer has the authority to terminate the agreement from the day the price increase takes effect.

1. The prices stated in the offer of products or services include VAT.
2. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

 

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, the reasonable requirements of durability and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for 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 in writing to the entrepreneur within 4 weeks after delivery. Returns of products must be made in the original packaging and in new condition.
4. The entrepreneur's warranty period corresponds to the factory 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.
5. The warranty does not apply if:
6. The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
7. The delivered products have been exposed to abnormal circumstances or otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or treated on the packaging;
8. The defectiveness is wholly or partly 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 greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has communicated to the company.
3. Subject to the provisions in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or only partially fulfilled, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
4. 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.
5. In case 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 delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are the responsibility of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and entrepreneur-known representative, unless expressly agreed otherwise.

 

Article 12 - Duration transactions: duration, termination, and extension

Termination

1. The consumer may terminate an agreement entered into for an indefinite period for the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement entered into for a fixed term for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, observing the agreed termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:

• terminate at any time and not be limited to termination at a specific time or during a specific period;
• at least terminate in the same manner as they were entered into by the entrepreneur;
• always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension

1. An agreement entered into for a fixed term for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
2. Contrary to the previous paragraph, an agreement entered into for a fixed term for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
3. An agreement entered into for a fixed term for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the agreement concerns the regular delivery of daily, news, and weekly newspapers and magazines less than once a month.
4. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly renewed and automatically ends after the trial or introductory period.

Duration

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the agreed duration ends.

 

Article 13 - Payment

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

 

Article 14 - Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described 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 foreseeable 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 through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
5. In case of complaints, a consumer should first contact the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their 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 to which these general terms and conditions relate, 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 must not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.