TERMS&CONDITIONS
Terms and Conditions
Content:
Article 01 - Definitions
Article 02 - Identity of the entrepreneur
Article 03 - Applicability
Article 04 - The offer
Article 05 - The agreement
Article 06 - Right of withdrawal
Article 07 - Obligations of the consumer during the reflection period
Article 08 - Exercise of the right of withdrawal by the consumer and the costs thereof
Article 09 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Conformity and warranty
Article 13 - Delivery and implementation
Article 14 - Duration transactions: duration, cancellation and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Intellectual property
Article 18 - Personal data
Article 19 - Applicable law and competent court
Article 20 - Links
Article 21 - Your rights
Article 22 - Additional or deviating provisions
Article 1 - Definitions
In these conditions the following terms have the following meanings:
1. Entrepreneur: the natural or legal person who offers (access to) products and / or services to consumers from a distance;
2. 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;
3. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales of products, digital content and / or services;
4. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same space at the same time;
Reflection period: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
7. Day: calendar day;
8. Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
9. Durable medium: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that will facilitate future consultation or use during a period that is geared to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
10. Additional 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 a agreement between that third party and the entrepreneur;
11. Model form for withdrawal: The European model form for withdrawal included in Appendix 1 of these conditions; Appendix 1 does not have to be made available if the consumer does not have a right of withdrawal with regard to his order.
Article 2 - Identity of the entrepreneur
Name of entrepreneur: Your Webshop Company
Trade name: Achelia.com
Business address: Seringenstraat 19, Vilvoorde, Belgium
Email address: Info@achelia.com
Telephone number: +32468162442
VAT identification number: BE 0764.526.185
Article 3 - 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 and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, contrary to 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 they are consumer can be easily stored 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 inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that specific product and / or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always rely on the applicable provision that applies to is most beneficial to him.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable 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 are not binding for the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
• the price including taxes;
• the possible costs of delivery;
• the way in which the agreement will be concluded and which actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery or performance of the agreement;
• the term for accepting the offer, or the term for adhering to the price;
• the level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate;
• if the agreement is filed after the conclusion, how it can be consulted by the consumer;
• the way in which the consumer can obtain information about actions that he does not want before concluding the agreement, as well as the way in which he can rectify these before the agreement is concluded;
• any languages in which, in addition to Dutch, the agreement can be concluded;
• the behavioral codes to which the entrepreneur is subject and the way in which the consumer can consult these behavioral codes electronically; and
• the minimum duration of the distance agreement in the case of an agreement that extends to the continuous or periodic delivery of products or services.
Article 5 - The agreement
1. 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 corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve 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 safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. Within legal frameworks, the entrepreneur can - 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 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.
5. At the latest upon delivery of the product, service and / or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium. :
a.the visiting address of the business location of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing service after purchase;
d. the price, including all taxes on the product, service and / or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance contract;
e. the requirements for terminating the agreement if the agreement 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. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
With products;
1. The consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of 30 days. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s).
2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, 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, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
b. 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, received the last shipment or the last part;
c. in the case of contracts for 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.
For services and digital content that is not supplied on a tangible medium:
3. The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium within 30 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s).
4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that has not been delivered on a tangible medium if not informed about the right of withdrawal:
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the reflection period will expire twelve months after the end of the original reflection period, determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 30 days after the day on which the consumer received that information.
Article 7 - Obligations of the consumer during the reflection period
1. 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 determine the nature, characteristics and operation 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 store.
2. The consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for the value reduction of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. 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.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the reflection period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must 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 returning the goods.
6. I6. If the consumer withdraws after having first explicitly 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 specific quantity commence during the reflection period, the consumer is the the entrepreneur owes an amount that is proportional to that part of the obligation that was fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
7. The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity that are not 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 cost reimbursement in the event of withdrawal or the model form for withdrawal, or;
b. the consumer has not explicitly requested the start of the execution of the service or the supply of gas, water, electricity or district heating during the reflection period.
8. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
prior to delivery, he has not expressly agreed to commence compliance with the agreement before the end of the reflection period;
b. he has not acknowledged that he loses his right of withdrawal when giving his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
9. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
2. The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
3. The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method.
Article 10 - Exclusion of 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 time for the conclusion of the agreement:
1. Products or services whose price is dependent on fluctuations in the financial market on which the entrepreneur has no influence and which may occur within the withdrawal period;
2. 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 personally present 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;
3. Service contracts, after full performance of the service, but only if:
a.the performance has begun with the express prior consent of the consumer; and
b. the consumer has stated that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
4. Service agreements for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, goods transport, car rental services and catering;
5. Agreements with regard to leisure activities, if a specific date or period of execution is provided for in the agreement;
6. Products manufactured according to the consumer's 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;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
9. Products that by their nature are irrevocably mixed with other products after delivery;
10. Alcoholic drinks, the price of which was agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
11. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
12. Newspapers, magazines or magazines, with the exception of subscriptions to these;
13. The supply of digital content other than on a tangible medium, but only if:
a.the performance has begun with the express prior consent of the consumer; and
b. the consumer has stated that he thereby loses his right of withdrawal.
Article 11 - 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 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 link to fluctuations and the fact that any stated prices 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 statutory 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:
a) they are the result of statutory regulations or provisions; or
b) the consumer has the authority to cancel the contract on the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
Article 12 - 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 requirements existing on the date of the conclusion of the agreement. provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An extra guarantee 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 fulfill his part of the agreement.
3. An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he assigns to the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the the agreement.
Article 13 - Delivery and implementation
1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer makes known to the entrepreneur.
3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than one month after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are for the account of the entrepreneur.
6. 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 representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 - Duration transactions: duration, cancellation and extension
Cancellation:
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 with due observance of 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 definite period and that extends to the regular delivery of products (including electricity) or services, at any time by the end of the specified term, with due observance of 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:
- cancel at any time and not be limited to cancellation at a specific time or in a specific period;
- at least cancel in the same way as they are entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
Elongation:
4. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a specified period.
5. Contrary to the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, if the consumer has extended this can cancel the agreement towards the end of the extension with a notice period of no more than one month.
6. A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. 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 continued and will end automatically after the trial or introductory period.
Expensive:
8. If an agreement has a duration of more than one year, the consumer may cancel 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. to oppose.
Article 15 - Payment
1. 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 reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any rights whatsoever regarding the execution of the order or service (s) concerned before the stipulated advance payment has been made.
3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. If the consumer does not fulfill his payment obligation (s) on time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after non-payment within this 14-day period, the statutory interest is due on the amount due and the entrepreneur is 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% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.
Article 16 - Complaints procedure
1. The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur promptly, fully and clearly described, 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 reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
4. If there is no mutual solution for a complaint, the complaint form at Qshops can be used for mediation. This is an automatic process.
5. If a dispute arises, it can be submitted. It is also possible to register complaints via the European ODR platform.
Article 17 - Intellectual property
The consumer explicitly acknowledges that all intellectual property rights of displayed information, communications or other expressions with regard to the products and / or with regard to the internet site rest with Achelia.com, its suppliers or other entitled parties.
Article 18 - Personal data
Your Webshop Company will only process the consumer's data in accordance with its privacy policy. Your Webshop Company will observe the applicable privacy rules and legislation.
Article 19 - Applicable law and competent court
Only Belgian law applies to all offers made by Duvet Advantage, its agreements and the implementation thereof. Applicability of the Vienna Sales Convention is expressly excluded.
Article 20 - Links
The Achelia.com site may contain advertisements from third parties or links to other sites. Achelia.com has no influence on the privacy policy of these third parties or their sites and is not responsible for this.
Article 21 - Your rights
You can always ask Achelia.com which data about you is processed. You can send an e-mail for this. You can also ask Your Webshop Company by e-mail to make improvements, additions or other corrections, which Your Webshop Company will process as soon as possible. If you no longer wish to receive information, you can inform Your Webshop Company of this. Information is only sent if you have provided your e-mail address.
Article 22 - Additional or deviating provisions
Additional provisions or provisions deviating 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.
Attachment 1:
Right of withdrawal form
PRIVACY
We respect the privacy of all users of our site and ensure that the personal information you provide is treated as confidential as possible. We use your data to process orders as quickly and easily as possible. For the rest, we will only use this information with your permission. We will not sell your personal information to third parties and will only make it available to third parties that are involved in processing your order. As a consumer, you also have the right to inspect and correct your personal data that are registered with us.
We use personal data to provide the following services:
When you place an order, we include your name, address, phone number, email address and
payment information is required to process your order.
To make shopping with us as pleasant as possible, we store your
personal data and the data relating to your order.
With your permission we use your data to inform you about the development of
the website and about special offers and promotions. If you no longer appreciate this, you can
simply unsubscribe via a hyperlink in the newsletter or via our website.
Information about the use of our site and the feedback we receive from our visitors
help us to further develop and improve our site.
All (personal) data that you provide to us takes place via a secure connection.
COOKIES
Cookies are small pieces of information that are stored by your browser on your computer.
We use cookies to recognize you on your next visit. For example, you will be reminded which products you last viewed on our site.
If you have any questions about our privacy policy, please send us an email, we will be happy to help you.
COPYRIGHT
All rights reserved. This site is intended for the own or internal use of our customers, whereby it is not permitted to reproduce the site other than by downloading and viewing it on a single computer, and / or printing a single hard copy without written permission from us.
It is not allowed to frame this site. We do not consider ourselves responsible or liable for access to or information on any site that is connected / linked to or from this site.
BRANDS
All brand names and logos on this site are the property of Achelia.com, unless stated otherwise. It is not permitted to use these word and image marks without our written permission. As soon as we notice that this is happening, we will take immediate action through the Belgium trademark office for word and figurative marks.
PREVENTION FAKE
The entrepreneur at all times only offers products that it purchases from the original manufacturers and their wholesalers. When in doubt about the authenticity of products, the consumer can find more information and tips on the website https://www.eccbelgie.be. If counterfeiting is suspected, the consumer can always submit a complaint via the Hotline https://meldpunt.belgie.be/meldpunt.
COMPLAINT PROCEDURE
For Achelia.com it is important to provide our customers with the best possible service and to keep them satisfied. In the unlikely event that you have had a bad experience with us, you can contact our customer service with your complaint after receiving your order. We will then contact you as soon as possible to find a solution to your complaint.
CODE OF CONDUCT
Achelia.com also works in accordance with the BeCommerce code of conduct.