FAQ consumenten | BeCommerce

FAQ consumers

Find answers to frequently asked questions from consumers below.

This page is under construction and is regularly updated.

Dropshipping is a term within e-commerce and literally means 'drop the shipping'. The supplier or wholesaler will send the purchased product directly to the consumer. It is possible that you buy a product from a Belgian webshop, but that the product is sent directly by a Chinese wholesaler.

It is often not clear that dropshipping is used as this is often not communicated to the consumer. Pay attention to delivery time and delivery costs, among other things. Often these are longer and more expensive than a classic webshop. The product description can also be an indication of dropshipping. Pictures and descriptions are in many cases simply copied from the wholesaler. It is also important to compare prices. Dropshipping often sells products at a much higher price than the website of the foreign company itself. However, it is not interesting to order from the Chinese wholesaler as there is often no after-sales service and these do not always meet European and Belgian company requirements.

E-commerce is a very broad term and can be broadly described as just ordering online via the internet. This can include both goods and services. From this definition we can deduce that there is no obligation to deliver to your home in order to effectively speak of e-commerce. For example, it is possible that you purchase an online service or product without physically delivering it, e.g. the purchase of an app, the purchase of concert tickets, reservations, ...  In addition, 'click-and-collect' also falls under e-commerce: you order something online and have it delivered at a collection point.

The legislation mainly refers to distance selling: Any contract concluded between the company and the consumer within the framework of an organized system for distance sales or services without the simultaneous physical presence of the company and the consumer and which, up to and including the moment at which the contract is concluded, makes exclusive use of one or more means of distance communication (art. I.8, 15° WER).

Bankruptcy can come out of nowhere. In addition to general creditors such as unpaid suppliers, many consumers are also the victims of bankruptcy. What can you do if, as a consumer, you have acted with a company that has been declared bankrupt? 

  1. Sign up with the curator


When bankruptcy is declared, a trustee will be appointed. This trustee examines how much financial resources the company has and which creditors are entitled to payment. You can find out which receiver has been appointed via the Crossroads Bank for Enterprises or the Belgian Official Gazette. Inform yourself well about the situation of the bankruptcy. 

  1.  
    You have placed an order and already paid 


Have you made an order and payment to a company before it went bankrupt, you can indicate this. It is stipulated by law that any creditor can file a declaration of debt through the Central Register of Solvency (Regsol) (
www.regsol.be ). The procedure for filing the claim is further explained on the website. The trustee in bankruptcy will check whether it can pay out a dividend. After the bankruptcy, there is little chance that you will get your money back as the consumer is last in line for repayments.

If the bankruptcy were to be revoked, the company would be obliged to pay for the delivery or reimburse the money that has already been paid. 
 

If you make a purchase and payment after the bankruptcy has been declared, these funds are normally placed in a suspense account. In most cases, the trustee in bankruptcy will not deliver the products, but will refund the money. 

  1. You have placed an order, but not yet paid 


Cancel the order. Do not pay the amount until you have the assurance of the trustee that delivery will actually take place. 

Attention: the BeCommerce Seal of Approval is not a guarantee fund for financial insolvency that can be claimed, for example, in case of bankruptcy of an affiliated company.

The independence of BeCommerce in awarding the BeCommerce trustmark is very important to us. We can divide the certification process into two phases: the security scan and the compliance scan. For both parts of the process we use independent external partners respectively Forus-P and the audit firm Bureau Veritas. 

Forus-P investigates the technical side of the webshops. This check is carried out every six months and checks the vulnarabilities of the website (OWASP10).

Bureau Veritas checks whether the webshop complies with legal requirements and the requirements that BeCommerce itself imposes on its members. Every two years a recertification takes place in which the webshop is again subjected to a 'compliance audit'.

A webshop can only be awarded the trustmark if both audits are positive. 

No, the BeCommerce Trustmark is independent of the nationality of the webshop and is therefore not specifically aimed at Belgian entrepreneurs. BeCommerce is an association with the aim of increasing consumer confidence in e-commerce. Within our association we therefore bring together companies active on the Belgian digital market under the BeCommerce Trustmark. It is therefore perfectly possible that a Dutch webshop, active in Belgium, carries our quality mark. Most of our members are located in the Benelux. 

The webshop is awarded the Trustmark after completing a certification procedure. This means that you can shop safely with the BeCommerce Trustmark as this webshop has been checked for conformity with Belgian and European legislation. Your rights are therefore protected. 

The consumer has a legal right of withdrawal for a distance purchase (art. VI.47-VI.53 WER). The consumer can invoke the right of withdrawal during 14 calendar days. She does not have to give any motivation for this and no costs other than the costs that are determined by law will be charged. For example, the costs of returning the goods may be borne by the consumer.

The consumer can inform the company about the right of withdrawal in different ways: he can do this by filling in a withdrawal form or an unambiguous statement clearly indicating the decision to withdraw from the contract (e.g. by telephone, e-mail, post, etc.). The company itself may make a model withdrawal form available to the consumer.

The company shall reimburse all payments received from the consumer, including delivery costs, within a period of 14 days following the day on which the consumer is informed of the withdrawal. This reimbursement shall be made by the same means of payment used by the consumer for the original purchase, unless the consumer has expressly agreed to another means of payment.

The answer to this question depends very much on the situation. 

Shipping costs

There are no legal regulations regarding shipping costs. The web shop decides for itself whether it will charge the consumer for the shipping and delivery costs. For example, many webshops choose not to charge shipping costs as soon as a minimum amount of goods is ordered. However, the web shop does have an obligation to inform the consumer about all extra costs associated with the purchase. 

Return costs

When you buy something online, you have a fourteen day cooling-off period (right of withdrawal). If you exercise the right of withdrawal, you must of course return the goods to the web shop. The law states that these costs are to be borne by the consumer unless the webshop has decided to bear the costs itself or has failed to inform the consumer that it has to bear the costs (art. VI.51 WER). The webshops will always mention this in their general terms and conditions.