A model of the general terms and conditions for web-shops
These Terms and Conditions will be used by all members of BeCommerce.
Article 1 - Definitions
For the purposes of these conditions:
1. "Entrepreneur" means the natural or legal person who is a member of BeCommerce and offers products and/or services to consumers remotely;
2. "Consumer" means the natural person who does not act in the pursuit of a profession or business and enters into a distance contract with the entrepreneur;
3. " Distance contract" means an agreement whereby, within the framework of a distance selling system organised by the operator, products and/or services are used up to and including the conclusion of the contract only by one or more distance communication techniques;
4. "Distance communication technology" is a means of concluding an agreement without simultaneously bringing the consumer and the entrepreneur into the same space;
5. "Period of reflection" means the period within which the consumer may exercise his right of withdrawal;
6. "Right of withdrawal" is the possibility for the consumer to withdraw from the distance contract within the period of reflection;
7. "Day" means a calendar day;
8. "Duration" means a distance contract covering a series of products and/or services, the supply and/or purchase obligation of which has been spread over time;
9. "Durable data medium" are any means enabling the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unmodified reproduction of the stored information.
Article 2 – Identity of the entrepreneur
[Name of entrepreneur]
(statutory name, possibly supplemented by trade name)
[Visiting address, if different from the location address]
[Time(s) to call the entrepreneur]
VAT identification number:
If the business of the economic operator is subject to a relevant authorisation system:
· the data on the supervisory authority;
If the operator 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 Belgium and indications of where and how these professional rules are accessible.
Article 3 - Applicability
1. These general terms and conditions apply to every offer of the entrepreneur and to any distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions are to be seen by the entrepreneur and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, the preceding paragraph may be waived and before the distance contract is concluded, the text of these general conditions shall be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be notified electronically and that, at the request of the consumer, they will be sent by electronic means or by other means free of charge.
4. In the event that, in addition to these general conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting general conditions, the consumer may always rely on the applicable provision which is most favorable to him.
Article 4 - the offer
1. If an offer is for a limited period of validity or is made under conditions, this shall 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 good assessment of the offer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer shall contain such information that the consumer is clear of the rights and obligations attached to acceptance of the offer. This concerns in particular:
o the price including taxes;
o any delivery costs;
o the manner in which the agreement will be concluded and the actions necessary for it;
o whether or not the right of withdrawal applies;
o the method of payment, delivery or execution of the contract;
o the time limit for acceptance of the offer or the time limit for the price to be paid;
o the distance communication rate if the cost of using the distance communication technique is calculated on a basis other than the basic rate;
o if the contract is filed after it has been concluded, how it can be consulted for the consumer;
o the way in which the consumer can be informed of any actions he has not wished to take before the conclusion of the contract and the way in which he can restore them before the contract is concluded;
o Any languages in which, in addition to English, the agreement may be concluded;
o the codes of conduct to which the entrepreneur has submitted himself and the way in which the consumer can consult these codes of conduct electronically; and
o the minimum duration of the distance contract in the case of an agreement that extends to continuous or periodic delivery of products or services.
Article 5 - the Agreement
1. The agreement is subject to the provisions of paragraph 4, concluded 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 trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer may dissolve the contract.
3. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The Entrepreneur will include the following information with the product or service to the Consumer, in writing or in such a way that the Consumer can store it in an accessible manner on a durable medium:
o the visiting address of the establishment of the entrepreneur to which the consumer can submit complaints
o the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
o information on existing after-sales service and warranties;
o the data included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided the consumer with this data prior to the execution of the agreement;
o the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
5. 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 6a - Right of withdrawal on delivery of products
1. When purchasing products, the consumer has the option of dissolving the contract without giving reasons for a period of fourteen days. This period commences on the day after receipt of the product by or on behalf of the consumer.
2. During this 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 delivered accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 6b - Right of withdrawal in case of supply of services
1. When providing services, the consumer has the option of dissolving the agreement without giving reasons for a period of fourteen days, commencing on the day of entering into the agreement.
2. In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader in the offer and / or at the latest at the time of delivery.
Article 7 - Costs in case of revocation
1. If the consumer makes use of his right of withdrawal, the costs of returning the goods shall be borne by him.
2. The entrepreneur will reimburse all payments received from the consumer, including, if necessary, the delivery costs, immediately and in any case within 14 days after the day on which she is informed of the consumer's decision to revoke the contract.
3. The trader shall carry out the refund using the same means of payment as that used by the consumer during the original transaction, unless the consumer has expressly agreed to another means of payment and on the understanding that the consumer may not incur any costs as a result of such a refund.
4. The additional costs resulting from the consumer's express choice to opt for a method of delivery other than the cheapest standard delivery offered by the business will not be refunded by the trader.
5. Unless the enterprise has offered to collect the goods itself, the enterprise may, in sales contracts, wait for the reimbursement until it has received back all the goods or until the consumer has proved that he has returned the goods, whichever is the earliest.
Article 8 - Exclusion of right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur entrepreneur submitted clearly in the offer, at least in time for the conclusion of the contract, has stated.
2. Exclusion of the right of withdrawal is only possible for:
- service contracts after full performance of the service if performance has begun with the consumer's express prior consent, and provided that the consumer has acknowledged that he loses his right of withdrawal once the undertaking has fully performed the contract;
- the supply or provision of goods or services the price of which is subject to fluctuations in the financial market which are beyond the company's control and which may occur within the withdrawal period;
- the supply of goods made to the consumer's specifications or clearly personalised;
- the supply of goods that spoil quickly or have a limited shelf life;
- the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
- the delivery of goods which, after delivery, by their nature, have been irrevocably mixed with other products;
- the supply of alcoholic beverages the price of which has been agreed upon at the time of the conclusion of the sales contract, 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 company has no influence;
- contracts where the consumer has specifically requested the undertaking to visit him in order to carry out urgent repairs or maintenance; however, where, during such a visit, the undertaking provides additional services not specifically requested by the consumer or supplies goods other than spare parts necessarily used to carry out the maintenance or repairs, the right of withdrawal shall apply to those additional services or goods;
- the delivery of sealed audio and sealed video recordings and sealed computer software whose seal has been broken after delivery;
- the supply of newspapers, magazines or periodicals, with the exception of contracts for subscription to such publications;
- contracts concluded during a public auction;
- the provision of accommodation other than for residential purposes, transport, car rental services, catering and leisure services, if the contracts provide for a specific date or period of performance;
- the supply of digital content which is not supplied on a tangible medium, if the performance has begun with the consumer's express prior consent and provided that the consumer has acknowledged that he thereby loses his right of withdrawal;
- contracts for betting and lottery services.
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 due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. These fluctuations and the fact that any listed prices are target prices, are mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract 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 allowed if the entrepreneur has stipulated this and:
o they are the result of statutory regulations or provisions; or
o the consumer has the right to terminate the contract on the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services are inclusive of VAT.
Article 10 - Conformity and Warranty
1. The entrepreneur guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations.
2. An arrangement offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer in respect of a breach of the obligations of the entrepreneur against the entrepreneur can assert under the law and/or the remote agreement.
Article 11 - Delivery and execution
1. The entrepreneur will take the greatest possible care in receiving and executing orders of products and in assessing applications for the provision of services.
2. The place of delivery shall be the address that the consumer has given to the company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order can not or only partially be carried out, the consumer will receive notification of this no later than one month after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge, to request an equivalent replacement product, or to obtain any compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make every effort to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by the entrepreneur.
6. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
Article 12 - Duration transactions
1. The consumer may terminate an agreement entered into for an indefinite period of time at any time subject to the agreed termination rules and a notice of up to one month.
2. A fixed-term contract has a maximum term of two years. If it is agreed that in case of silence of the consumer the distance contract will be extended, the contract will be continued as a contract for an indefinite period of time and the notice period after continuation of the contract will be a maximum of one month.
Article 13 - Payment
1. Insofar not later agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the goods or, in the case of an agreement to provide a service, within 14 days after delivery of the documents relating to this agreement.
2. When selling products to consumers, general terms and conditions may stipulate partial or full payment in advance (during the revocation period). If an advance payment has been stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.
Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted within a reasonable time, fully and clearly described to the entrepreneur, 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 foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
4. A complaint about a product, service or service of the entrepreneur can also be submitted via a complaint form on the consumer page of the BeCommerce website. (www.BeCommerce.be) The complaint will then be sent both to the entrepreneur in question and to BeCommerce.
Indien de klacht niet in onderling overleg kan worden opgelost ontstaat een geschil dat vatbaar is voor de geschillenregeling. De consument kan hierbij beroep doen op de consumentenombudsdienst. De consument beschikt over de mogelijkheid om een aanvraag tot bemiddeling in te dienen via het Belmed-platform van de Federale Overheidsdienst Economie.
6. De consument kan ten allen tijde online een klacht indienen bij de Europese Commissie via https://ec.europa.eu/odr/
Article 15 - Litigation
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Belgian law.
Artikel 16 - Namaak
De ondernemer biedt ten allen tijde enkel producten aan die zij aankoopt bij de originele fabrikanten en hun groothandelaars. Bij twijfel rond de echtheid van de producten kan de consument meer informatie en tips vinden op de website https://www.eccbelgie.be. Bij vermoeden van namaak kan de consument steeds een klacht indienen bij het meldpunt https://meldpunt.belgie.be/meldpunt.
Article 16 - Additional or different provisions
Aanvullende dan wel van deze algemene voorwaarden afwijkende bepalingen mogen niet ten nadele van de consument zijn en dienen schriftelijk te worden vastgelegd dan wel op zodanige wijze dat deze door de consument op een toegankelijke manier kunnen worden opgeslagen op een duurzame gegevensdrager.
Artikel 18 - BeCommerce gedragscode
Als lid van BeCommerce is de webshop gebonden door de gedragscode van BeCommerce. Deze gedragscode kan u hier raadplegen.
Article 17 - Modification of the general terms and conditions of BeCommerce
Amendments to these terms and conditions shall only be effective after they have been published in an appropriate manner, on the understanding that in the event of any applicable amendments during the term of an offer, the provision most favourable to the consumer shall prevail.
Article 18 - Identity theft and credit card fraud
To ensure the safety of your online visit, BeCommerce only cooperates with recognised security partners. Loss or theft of your identity information is thus kept to a minimum. BeCommerce believes to have taken all possible and relevant precautions and thus acts as a normal, forward-looking and careful online intermediary. Possible identity theft or (financial) theft can therefore not be invoked against BeCommerce.
Address BeCommerce :
© 2012 BeCommerce ( https://www.becommerce.be ). The offered information (general conditions, privacy statement and disclaimer) is copyrighted by law, so the information may not be reproduced or communicated without prior written permission of BeCommerce (firstname.lastname@example.org). All applicable intellectual property rights are therefore retained.