Terms and Conditions
ARTICLE 1 – DEFINITIONS
In these terms and conditions, the following definitions apply:
Supplementary agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these items, digital content, and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Continuous performance contract: a contract for the regular delivery of goods, services, and/or digital content over a certain period;
Durable medium: any tool – including email – that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance;
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content, and/or services, whereby up to and including the conclusion of the contract, exclusive or joint use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being together in the same space at the same time.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
Name of entrepreneur and registered address:
Viswijf / La famille Victor gcv
Victor Braeckmanlaan 130
9040 Sint-Amandsberg
info@viswijf.be
VAT: BE 0835.245.620
ARTICLE 3 โ APPLICABILITY
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract 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, the entrepreneur will indicate, before the distance contract is concluded, that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent free of charge to the consumer upon request as soon as possible.
3. If the distance contract is concluded electronically, 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 medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
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 includes a complete and accurate description of the offered products, digital content, and/or services. 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 offered products, services, and/or digital content. Obvious mistakes or 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 that are attached to accepting the offer.
ARTICLE 5 – THE CONTRACT
1. The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur 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 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 secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of 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 request with reasons or to attach special conditions to the execution.
5. The entrepreneur will provide the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, no later than at the time of delivery of the product, service, or digital content:
a. the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. the price including all taxes of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a continuous performance contract, the provision in the previous paragraph only applies to the first delivery.
ARTICLE 6 – RIGHT OF WITHDRAWAL
For services and digital content not delivered on a tangible medium:
1. The consumer can dissolve a service contract and a contract for the supply of digital content not delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige them to state their reason(s).
2. The cooling-off period mentioned starts on the day following the conclusion of the contract.
Extended cooling-off period for products, services, and digital content not delivered on a tangible medium if not informed about the right of withdrawal:
3. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period established in accordance with the previous paragraphs of this article.
4. If the entrepreneur provides the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
ARTICLE 7 – EXERCISING THE RIGHT OF WITHDRAWAL BY THE CONSUMER
1. If the consumer exercises their right of withdrawal, they must report this to the entrepreneur within the cooling-off period in an unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product,
3. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
4. If the consumer exercises their right of withdrawal, all supplementary agreements are legally dissolved.
ARTICLE 8 – OBLIGATIONS OF THE ENTREPRENEUR IN CASE OF WITHDRAWAL
1. If the entrepreneur makes it possible for the consumer to report withdrawal electronically, they will immediately send a confirmation of receipt after receiving this notification.
2. The entrepreneur will reimburse all payments made by the consumer without delay but within 14 days following the day on which the consumer reports the withdrawal.
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. In deviation from 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 dependence on fluctuations and the fact that any stated prices are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
ARTICLE 10 – PERFORMANCE OF CONTRACT AND EXTRA GUARANTEE
1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing statutory provisions and/or government regulations on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An extra guarantee provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the contract if the entrepreneur has failed to fulfill their part of the contract.
3. An extra guarantee is understood to mean any commitment by the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in case they have failed to fulfill their part of the contract.
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. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs and is entitled to any compensation.
3. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
4. 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 and announced representative, unless expressly agreed otherwise.
ARTICLE 12 โ ORDER MODIFICATION
Once the order has been placed, it can no longer be modified.
ARTICLE 13 – PAYMENT
1. Unless otherwise stipulated in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the contract. In the case of a contract for the provision of a service, this period starts on the day after the consumer has received the confirmation of the contract.
2. The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. 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.
4. If the consumer does not fulfill their payment obligation(s) on time, they are, after being notified by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill their payment obligations, after the failure to pay within this 14-day period, liable for the statutory interest on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them.
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 contract must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered 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 foreseeable 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.
4. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after the complaint is submitted, a dispute arises that is subject to the dispute resolution procedure.
ARTICLE 15 – DISPUTES
1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Belgian law. To the extent permitted by applicable law, the Courts and Tribunals in Ghent have jurisdiction in the event of a dispute.