General Terms and Conditions A.O.S.T. BV Index:
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 right of withdrawal
Article 9 – The price Article 10 – Conformity and guarantee
Article 11 – Delivery and execution
Article 12 – Payment
Article 13 – Complaints procedure
Article 14 – Disputes
Article 15 – Additional or deviating provisions
Article 1 – Definitions In these terms and conditions, the following definitions apply: Reflection period: the period within which the consumer can make use of his right of withdrawal; Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur; Day: calendar day; Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time; Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period; Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance; Distance contract: an agreement in which, in the context of a system organized by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication; Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur meeting simultaneously in the same room. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur Name of entrepreneur: A.O.S.T. BV Business address: Velpenstraat 37, 3545 Halen Phone number: 013/298.356 From Monday to Friday 09.30-12.30 and 14.00-19.00 E-mail address: email@example.com VAT identification number: BE0460.229.168
Article 3 – Applicability These General Terms and Conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and consumer. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. This is available for inspection electronically or locally at the registered office. If at any time one or more provisions in these general terms and conditions are wholly or partially void or destroyed, the remainder of the agreement and these terms and conditions will remain in force and the relevant provision will be replaced in mutual consultation without delay by a provision that purports to of the original as closely as possible. Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Article 4 – The offer The entrepreneur is entitled to change and adjust the offer. The offer contains a complete and accurate description of the products 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, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur. All specification data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. Images such as colors may deviate from the actual color delivered due to slight changes in the range of our suppliers. The entrepreneur can therefore not guarantee that the displayed colors correspond exactly to the real colors of the products. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular: the price including taxes; any shipping costs; the manner in which the agreement will be concluded and which actions are required for this; the method of payment, delivery and execution of the agreement; the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price; whether the agreement will be archived after it has been concluded, and if so, how it can be consulted by the consumer; any other languages in which, in addition to Dutch, the agreement can be concluded; the minimum duration of the distance contract in the case of a long-term transaction. Optional: available sizes, colours, type of materials.
Article 5 – The agreement Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the associated conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. 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 safe 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 about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
Article 6 – Right of withdrawal When delivering products: When purchasing products, the consumer does NOT have the option to dissolve the agreement without stating reasons, customized products are NOT covered by the right of withdrawal.
Article 7 – The price During the period of validity stated in the offer, the prices of the products and/or services offered will not be changed, except for price changes as a result of changes in VAT rates.
Article 8 – Conformity and Warranty The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the statutory provisions and/or usability existing on the date of the conclusion of the agreement. or government regulations. 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 on the basis of the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 8 days after delivery. The products must be returned in the original packaging and in new condition. The entrepreneur’s warranty period corresponds to the standards set by health insurers and riziv at 12 months for soles provided to under-18s and 24 months for soles supplied to 18-year-olds, respectively. The warranty does not apply to damage caused by third parties, animals or incorrect use by the consumer. Nor if the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or processed by third parties. Also if the delivered products have been exposed to abnormal conditions or otherwise carelessly treated or if they conflict with the instructions of the entrepreneur.
Article 9 – Delivery and execution The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing them. The place of delivery is the address that the consumer has made known to the company. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but at the latest within 14 working days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 14 days after placing the order, except in the event of public holidays or closure of the company due to vacation. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but at the latest within 14 days after dissolution. The risk of damage and/or loss of products rests with the chosen delivery method of the consumer. Collections at the registered office or the choice of delivery by third parties (postal / courier) are the free choice of the consumer and therefore fall under the responsibility of the consumer. However, in the event of damage or loss of the products, the entrepreneur will fully cooperate with the investigation into the person(s) responsible, without however committing to compensation in any sense whatsoever.
Article 10 – Payment Unless otherwise agreed, the amounts owed by the consumer must be paid in cash via payment options provided by the company. The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur. The payment of an order also implies the acceptance of the order for both the consumer and the entrepreneur, except in case of force majeure.
Article 11 – Complaints procedure The entrepreneur will handle all complaints submitted in writing. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt, except in the event of public holidays or closure of the company due to vacation. If the complaint cannot be resolved in mutual consultation, a dispute will arise that is subject to the dispute settlement procedure. In the event of complaints, a consumer must first turn to the entrepreneur. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr). Only the court of Hasselt has jurisdiction.A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.
Article 12 – Disputes Only Belgian law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad. The Vienna Sales Convention does not apply.
Article 13 – 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.