General terms and conditions
RIGHT OF WITHDRAWAL
The consumer has the right to inform the company that he cancels the purchase, without payment of a fine and without giving a reason, within 14 calendar days from the day following the delivery of the good or the conclusion of the service agreement. The consumer does not have the right to cancel the purchase, in cases as determined in book VI of the Code of Economic Law - articles VI.47 and following of the Code of Economic Law. This is the case with the delivery of goods that have been manufactured according to the consumer's specifications or that have a clearly personal character or that cannot be returned due to their nature. The consumer is liable for any reduction in value of the goods resulting from handling of the goods that goes beyond what was necessary to determine the nature, characteristics and functioning of the goods. The consumer bears the costs of returning the goods. The costs for returning the goods are in principle equal to the original freight and/or delivery costs.
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 right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, cancellation and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 - Additional or deviating provisions.
Article 1 – Definitions
In these conditions the following definitions apply:
1. Reflection period: the period within which the consumer can exercise his right of withdrawal; Read all about reflection time.
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance agreement with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance agreement relating to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;
5. Sustainable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the option for the consumer to cancel the distance agreement within the cooling-off period;
7. Model form: the model withdrawal form that the entrepreneur makes available that a consumer can complete when he wants to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
9. Distance agreement: an agreement in which, within the framework of a system for distance selling of products and/or services organized by the entrepreneur, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
10. Technology for remote 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.
11. Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur.
Merofix BV
Industrieweg Noord 1177
B-3660 Oudsbergen (Opglabbeek)
Belgium
T (320) 898-5692
E k.christis@merofix.be
V.A.T. number BE 0431.803.220
Article 3 – Applicability.
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and orders concluded between the entrepreneur and the consumer.
2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur’s and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance agreement is concluded electronically, then contrary to the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can easily be stored on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favourable to him. is.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the remainder of the agreement and these terms and conditions will remain in force and the provision in question will be immediately replaced in mutual consultation by a provision that approximates the scope of the original as closely as possible.
6. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. 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 specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Images with products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours displayed correspond exactly to the real colours of the products.
6. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This concerns in particular:
- the price including taxes;
- any shipping costs;
- the manner in which the agreement will be concluded and what actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the regular basic rate for the means of communication used;
- whether the agreement is archived after its conclusion, and if so, where it can be consulted by the consumer;
- the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance agreement in the case of a long-term transaction.
Article 5 - The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
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 agreement of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
3. 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.
4. 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 agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer with 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:
- the visiting address of the entrepreneur's branch where the consumer can go with complaints;
- 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;
- the information about warranties and existing after-sales service;
- the information included in Article 4, paragraph 3 of these 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 of indefinite duration.
6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into under the conditions precedent of sufficient availability of the products in question.
Article 6 – Right of withdrawal
When delivering products:
1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons 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 made known to the entrepreneur.
2. During the 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 exercises 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.
3. If the consumer wishes to exercise his right of withdrawal; he is obliged to inform the entrepreneur of this within 14 days of receipt of the product. The consumer must make this known using the model form or by means of another means of communication such as by e-mail. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time by means of proof of shipment.
4. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
When providing services:
1. When providing services, the consumer has the option to terminate the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
2. To exercise his right of withdrawal, the consumer will 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 his right of withdrawal, as a maximum the cost of returning the goods will be borne by him.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after cancellation. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be submitted.
Refund will be made via the same payment method used by the consumer unless the consumer expressly consents to a different payment method.
3. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any reduction in value 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 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 a timely manner before concluding the agreement.
2. 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;
- which due to their nature cannot be returned;
- that can spoil or age quickly;
- the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has removed the seal;
- for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
- regarding accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
- the delivery of which has started with the consumer's express consent before the reflection period has expired;
- concerning betting and lotteries.
Article 9 - The price
1. 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.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated 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 as of 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- these are the result of legal regulations or provisions; or.
- the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
7. With a first order, the consumer can never rely on any stated discounts and these are therefore never applicable.
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 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.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in the 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 application by the consumer, 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 adjusted the delivered products himself or has had them repaired and/or adjusted by third parties;
- the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
- the defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to 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 orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has provided to the company.
3. Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, 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 can only be partially fulfilled, 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 terminate 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 periods. Exceeding a term does not entitle the consumer to compensation.
5. In the event of termination 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 within 14 days after termination.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items, right of withdrawal cannot be excluded. The costs of any return shipment are borne by 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 representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Duration transactions: duration, cancellation and extension
Termination
1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a specific period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed duration, taking into account the agreed cancellation rules and a notice period of no more than one month.
3. The consumer can cancel the agreements mentioned in the previous paragraphs:
- at any time and not being limited to cancellation at a certain time or in a certain period;
- at least in the same manner as they were entered into by him;
- always with the same notice period as the entrepreneur has agreed for himself.
Extension
1. An agreement that has been entered into for a specific period and that extends to the regular delivery of products (including electricity), or services may not be tacitly extended or renewed for a specific period.
2. Contrary to the previous paragraph, an agreement that has been entered into for a specific period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a specific period of up to three months if the consumer can terminate this extended agreement by the end of the extension with a notice period of no more than one month.
3. An agreement that has been entered into for a specific period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel 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 once a month, delivery of daily, news and weekly newspapers and magazines.
4. An agreement that has been entered into for a specific period for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically 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 end of the agreed duration.
Article 13 – Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid in cash upon ordering. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
2. A consumer must always pay the total price in advance.
3. The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
4. On any debt that remains unpaid on the due date, interest will be charged - if the customer is a company - by operation of law and without notice of default or any other formality whatsoever, at the reference interest rate plus 8 percentage points referred to in Article 5, 2nd paragraph, Code of 2 August 2002 on combating late payment in commercial transactions, calculated on the amount still to be paid, starting from the due date, as well as a lump sum compensation of 10% with a minimum of EUR 125.00.
5. If the customer is a consumer, interest will be charged on any debt that remains unpaid on the due date, after prior notice of default, at the reference interest rate increased by 8 percentage points referred to in Article 5, 2nd paragraph, Code of 2 August 2002 regarding combating of the payment arrears in commercial transactions, calculated on the sum still to be paid, starting from the first reminder, as well as a lump sum compensation as follows:
a) EUR 20.00 if the balance due is less than or equal to EUR 150.00;
b) EUR 30.00 plus 10% of the amount due on the bracket between EUR 150.01 and EUR 500.00 if the balance due is between EUR 150.01 and EUR 500.00;
c) EUR 65.00 plus 5% of the amount due on the bracket above EUR 500.00 with a maximum of EUR 2,000.00 if the balance due is higher than EUR 500.00.
If our company exceeds the execution period, the client, insofar as he is a consumer, has the right to request the same compensation from us.
6. Any delay in payment may give rise to the suspension or cancellation of deliveries and refusal to accept new orders.
7. Without prejudice to the foregoing, MEROFIX reserves the right to take back items that have not been (fully) paid for.
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 implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months 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 foreseeably 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 answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer must first contact the entrepreneur. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/consumers/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 his option, replace or repair the delivered products free of charge.
8. The entrepreneur only offers products that he purchases from the original manufacturers and their wholesalers at all times. If there is any doubt about the authenticity of products, consumers can find more information and tips on the website https://www.eccbelgie.be. If counterfeiting is suspected, the consumer can always file a complaint via the Reporting Point https://meldpunt.belgie.be/meldpunt.
Article 15 – Processing of Personal Data
1. We collect and process the identity and contact details that we receive from the client and that relate to the client himself, his personnel, employees, appointees and other useful contact persons that are necessary for and limited to the conclusion of the agreement/execution. of the works. The purposes for this processing are the execution of this agreement, client management, accounting and direct marketing activities such as sending promotional or commercial information. Our company does not process data revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health or life data or sexual orientation, genetic data or biometric data.
2. The legal grounds are the execution of the agreement, the fulfilment of legal and regulatory obligations (such as the 30bis declaration of works) and/or the legitimate interest of our company. For direct marketing purposes by e-mail (such as a newsletter or invitations to events), the client also gives his express and free consent to our company to use his personal data. He always has the right to unsubscribe via the link provided in our commercial emails (newsletters). The email policy can also be found on our website.
3. The data is processed by MERO-FIX BV, with registered office at Industrieweg-Noord 1177, 3660 OPGLABBEEK and known under company number 0431.803.220. E: info@merofix.be (the controller). The aforementioned data will be processed in accordance with the provisions of the General Data Protection Regulation (GDPR) and will only be passed on to processors, recipients and/or third parties to the extent necessary in the context of the aforementioned purposes for the processing. The data is never provided or used outside the European Community. The client is responsible for the accuracy and keeping up-to-date of the personal data that he provides to our company and undertakes to strictly comply with the provisions of the GDPR with regard to the persons whose personal data he provides to our company. has transferred to our company, as well as with regard to all possible personal data that he may receive from our company and our staff, employees and appointees.
4. The client confirms that he has been adequately informed about the processing of his personal data and about his rights of access, correction, deletion and objection. For further explanation, our company expressly refers to the Privacy Statement, which can be found on our website. The client confirms that he has taken note of this Privacy Statement and accepts its contents.
5. The personal login and passwords of clients are encrypted via encryption and are not visible to the employees of our company. Our company's employees therefore do not have access to shopping carts or orders from clients and cannot make any adjustments to them. The employees of our company only have access to the most necessary data of the clients via a personal login and pass, namely: name, first name, address, e-mail, telephone number, details of the order, company name and VAT number if applicable and payment and billing history. This data will under no circumstances be shared with third parties.
Article 16 – Use of cookies
During a visit to the site, 'cookies' may be placed on the hard drive of your computer. A cookie is a text file that is placed by the server of a website in the browser of your computer or on your mobile device when you consult a website. Cookies cannot be used to identify individuals, a cookie can only identify a machine.
‘First party cookies are technical cookies that are used by the visited site itself and that aim to ensure that the site functions optimally. For example: settings that the user has made during previous visits to the site, or: a pre-filled form with data that the user has made during previous visits.
‘Third Party cookies are cookies that do not come from the website itself, but from third parties, e.g. an existing marketing or advertising plug-in.
E.g. cookies from Facebook or Google Analytics. The visitor to the site must first give permission for such cookies - this can be done via a bar at the bottom or at the top of the website, with reference to this policy, which, however, does not prevent further surfing on the website].
You can set your internet browser in such a way that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are subsequently deleted from your hard drive. You can do this via the settings of your browser (via the help function). Please note that certain graphic elements may not appear correctly, or that you will not be able to use certain applications.
By using our website, you agree to our use of cookies.
Article 17 - 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 they can be stored by the consumer in an accessible manner on a durable data carrier.
Article 18 – 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.
- Express Arbitration Clause - Any dispute shall be subject to the law and courts of our registered office which shall have exclusive jurisdiction, unless one party, as the first claimant, requests the Arbitration Institute (www.euro-arbitration.org) to appoint the Arbitration Tribunal , which will settle any dispute in accordance with the Standard Dispute Rules. This provision replaces all conflicting jurisdiction clauses.
Appendix 1: Model withdrawal form
Dear Customer, you only need to complete and return this form if you wish to withdraw from the agreement.
To MEROFIX BV with registered office at Industrieweg-Noord 1177, 3660 OPGLABBEEK, boekhouding@merofix.be, 089 85 69 28, BE 0431.803.220.
I/We (*) hereby inform you that I/We (*) revoke our agreement regarding the sale of the following goods/provision of the following service (*) (*):
Ordered on (*)/Received on (*):
Name(s) of consumer(s).) :
Address of consumer(s) :
Signature of consumer(s) [only when this form is submitted on paper]:
Date :
(*) Delete what is not applicable.
