Terms & 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 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or different provisions
Article 1 - Definitions
For the purposes of 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 goods, digital content and/or services are supplied by the Entrepreneur or by a third party on the basis of an agreement between that third party and the Entrepreneur;
Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
Day : calendar day;
Digital content: data produced and delivered in digital form;
Transaction: an agreement that aims at the regular delivery of goods, services and/or digital content during a certain period of time;
Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time that is appropriate to the purpose for which the information is intended, and that allows the unchanged reproduction of the stored information;
Right of withdrawal: the possibility of the consumer 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: an agreement concluded between the entrepreneur and the consumer in the context of an organised system for the distance sale of products, digital content and/or services, whereby one or more techniques for distance communication are used exclusively or partly up to and including the conclusion of the agreement;
Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions;
Technique for distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur having to meet simultaneously in the same room.
Article 2 - Identity of the entrepreneur
Qnails
Sijslostraat 145, 8020 Oostlamp, Belgium
Phone number: 0032477874887
Email address: sylvia.hungenaert@skynet.be
VAT identification number: BE0538763041
If the activity of the entrepreneur is subject to a relevant authorisation scheme: the
- information about the supervisory authority.
If the entrepreneur pursues a regulated profession:
- the professional association or organisation to which he is affiliated;
- the professional title, the place in the EU or the European Economic Area where it was awarded;
- a reference to the professional rules applicable in the Netherlands and indications of where and how these professional rules can be accessed.
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded between entrepreneur and consumer.
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 agreement is concluded, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge at the request of the consumer.
If the distance contract is concluded electronically, in derogation from 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 it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent by electronic means or otherwise free of charge at the request of the consumer.
In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.
Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious 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 that are attached to the acceptance of the offer.
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 the fulfilment of the conditions set therein.
If the consumer has accepted the offer by electronic means, the entrepreneur will immediately confirm receipt of the acceptance of the offer by electronic means. 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 takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can inform himself within legal frameworks 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 agreement. 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 or application or to attach special conditions to the execution, stating reasons.
The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about warranties and existing after-sales service;
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 performance of the distance contract;
the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
For products:
The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party other than the carrier designated in advance by the consumer, has received the product, or:
if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with a different delivery time.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
in the case of contracts for the regular delivery of products during a certain period, the day on which the consumer, or a third party designated by him, has received the first product.
In the case of services and digital content that is not supplied on a tangible medium:
The consumer can dissolve a service agreement and a contract for the supply of digital content that has not been delivered on a tangible medium for a minimum of 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content that has not been delivered on a tangible medium if you do not inform about the right of withdrawal:
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 determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months of the effective 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 - Obligations of the consumer during the cooling-off period
During the cooling-off period, the consumer will handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for any depreciation of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for any depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
If the consumer withdraws after first having expressly requested that the provision of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or certain quantity commence during the cooling-off period, the consumer will owe the entrepreneur an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, full performance of the obligation.
The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model form for withdrawal, or;
the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium, if:
he has not expressly agreed to the commencement of the performance of the agreement before the end of the cooling-off period prior to its delivery;
he has not acknowledged that he loses his right of withdrawal when granting his consent; or
The entrepreneur has failed to confirm this statement by the consumer.
If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in the event of withdrawal
When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for a period of 14 days.
The entrepreneur uses the same means of payment that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement:
Products or services whose price is linked to fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be present in person at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
Service agreements, after full performance of the service, but only if:
the execution has started with the express prior consent of the consumer; and
the consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
Package holidays as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport;
Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and for which the seal has been broken after delivery;
Products that are irrevocably mixed with other products after delivery due to their nature;
Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations beyond the trader's control;
Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, magazines or magazines, with the exception of subscriptions to these;
The supply of digital content other than on a tangible medium, but only if:
the execution has started with the express prior consent of the consumer; and
The consumer has stated that he loses his right of withdrawal as a result.
Article 11 - 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 due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are bound by fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This fact that the prices are subject to fluctuations and the fact that any prices quoted are indicative prices are indicated 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 allowed if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
The prices mentioned in the range of products or services include VAT.
Article 12 - Fulfilment of the agreement and extra guarantee
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness 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 other than normal use.
An extra warranty provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to comply with his part of the agreement.
An additional warranty is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to comply with his part of the agreement.
Article 13 - Delivery and execution
The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
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 fulfilled or can only be partially executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative appointed in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 14 - Duration transactions: duration, termination and extension
Cancellation:
The consumer may terminate an agreement that has been entered into for an indefinite period of time and that serves to regularly deliver products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement that has been entered into for a fixed period of time and that is intended to provide regular delivery of products (including electricity) or services, at any time by the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may conclude the contracts referred to in the previous paragraphs:
terminate at any time and not be limited to termination at a specific time or in a certain period;
at least denounce in the same way as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension:
An agreement that has been entered into for a fixed period and that has the purpose of the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a fixed period.
Contrary to the previous paragraph, an agreement that has been entered into for a fixed period of time and that aims at the regular delivery of daily, news, weekly and periodicals may be tacitly renewed 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.
An agreement that has been entered into for a fixed period of time and that aims at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer is entitled to terminate at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news, weekly, and periodicals.
An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introduction (trial or introductory subscription) will not be tacitly continued and will end automatically at the end of the trial or introductory period.
Duration:
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 end of the agreed term.
Article 15 - Payment
Unless otherwise stipulated in the agreement 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 agreement. 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.
When selling products to consumers, the consumer may never be obliged to pay in advance of more than 50% in general terms and conditions. If payment in advance has been stipulated, the consumer cannot assert any right regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
If the consumer does not meet his payment obligation(s) on time, he will owe the statutory interest on the amount still owed after he has been pointed out by the entrepreneur to the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, the statutory interest will be owed on the amount still due and the entrepreneur will be entitled to charge the extrajudicial collection costs incurred by him . These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500,=; 10% on the next € 2.500,= and 5% on the next € 5.000,= with a minimum of € 40,=. The entrepreneur can deviate from the amounts and percentages mentioned in favor of the consumer.
Article 16 - Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a notification of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 months after the complaint has been submitted, a dispute arises that is subject to dispute resolution.
Article 17 - Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Belgian law.
Article 18 - Additional or different provisions
Additional provisions or provisions that deviate 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 they can be stored by the consumer in an accessible manner on a durable data carrier.
Annex I: Model withdrawal form
Model withdrawal form
(only fill in this form and return it if you wish to withdraw from the contract)
- To: [ name of entrepreneur]
[ Geographical address of entrepreneur]
[ Operator fax number, if available]
[ email address or electronic address of entrepreneur]
- I/We* hereby inform you that I/We* have entered into our Agreement concerning
the sale of the following products: [product designation]*
the supply of the following digital content: [designation of digital content]*
the provision of the following service: [designation of service]*,
revokes/revokes*
- Ordered on*/received on* [date of order for services or receipt for products]
- [Name of consumer(s)]
- [Address consumer(s)]
- [Signature of consumer(s)] (only when this form is submitted on paper)
* Delete what does not apply or fill in what applies.