Terms and conditions webshop | BeCommerce

Terms and conditions webshop

These Terms & Conditions will be used by all members of BeCommerce.

Article 1 - Definitions

These include:

1.       Entrepreneur : the natural or legal entity member of BeCommerce and provides remote products and/or services to consumers;

2.       Consumer : the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

3.       Distance contract : an agreement whereby, within the framework of a system organised by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of remote communication;

4.       Technique for distance communication : means that can be used for the conclusion of an agreement, without the consumer and entrepreneur simultaneously coming together in the same room;

5.       Cooling-off period : the period within which the consumer can make use of his/her right of withdrawal;

6.       Right of withdrawal : the possibility for the consumer to renounce the distance contract within the cooling-off period;

7.       Day : calendar day;

8.       Duration transaction : a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;

9.       Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

Article 2– Identity of the entrepreneur

Entrepreneur's name] (name under the articles of association, possibly supplemented by the name of the company)
[Business address]
[Visiting address, if different from the business address]
Phone number: (time(s) at which the entrepreneur can be reached by telephone)
E-mail address:
VAT identification number:

 

If the activity of the entrepreneur is subject to a relevant authorisation scheme:

·           data of the supervisory body;

If the entrepreneur is active in a regulatory profession:

·           the professional association or organisation of which he/she/she is a member ;

·           the professional title, the place in the EU or the European Economic Area where it has been awarded;

·           a reference to the professional rules applicable in Belgium and indications as to where and how these professional rules can be accessed.

Article 3 - Application

1.       These terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between entrepreneur and consumer.

2.       Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the terms and conditions can be inspected at the operator and they will be sent to the consumer free of charge as soon as possible at the consumer's request.

3.       If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible before the distance contract is concluded, it will be indicated where the terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

4.       In the event that, in addition to these terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting terms and conditions.

Article 4 - 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 do not bind the entrepreneur.

3.       Each offer contains such information that it is clear to the consumer which rights and obligations are attached to the acceptance of the offer. This particularly concerns:

  • the price including taxes;

  • possible delivery costs;

  • the way in which the agreement will be concluded and what actions are required for that purpose;

  • whether or not the right of withdrawal applies;

  • the method of payment, delivery or performance of the contract;

  • the period for acceptance of the offer, or the period for maintaining the price;

  • the level of the tariff for remote communication if the cost of using the means of distance communication is calculated on a basis other than the basic tariff;

  • if the contract is archived after its conclusion, in what way it can be consulted by the consumer;

  • the way in which the consumer can become aware of actions he/she does not wish to take prior to the conclusion of the contract, as well as the way in which he/she can rectify these actions prior to the conclusion of the contract;

  • the languages, if any, in which the contract can be concluded in addition to Dutch;

o    the codes of conduct to which the entrepreneur is subject 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 event of a contract for continuous or periodic delivery of products or services.

Article 5 - The agreement

1.       The agreement, subject to the provisions of paragraph 4, is concluded at the time of acceptance of the offer by the consumer, and to 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 online 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 way on a durable medium:

o    the visiting address of the branch of the entrepreneur where the consumer can go with complaints

o    the conditions under which and the way in which the consumer can 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 guarantees;

o    the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided the consumer with these data prior to the execution of the contract;

o    the requirements for terminating the agreement if the agreement has a duration of more than one year or is of unlimited 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 upon 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 begins 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/she will only unpack or use the product to the extent necessary to assess whether he/she wishes to keep the product. If he/she exercises this right of withdrawal, he/she 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 upon provision of Services

1.       .With the provision of services, the consumer has the option of dissolving the agreement without giving reasons for a period of fourteen days, commencing on the effective day of the agreement.

2.       In order to exercise his/her right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur in the offer and / or at the latest at the time of delivery.

Article 7– Withdrawal costs

1.       If the consumer uses his/her right of withdrawal at the most the costs of return are at his/her charge.

2.       The entrepreneur will refund 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 entrepreneur 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 provided by the business will not be refunded by the entrepreneur.

5.       Unless the enterprise has offered to collect the goods itself, the enterprise may, in sales contracts, wait with the refund until it has received back all the goods or until the consumer has proved that he/she has returned the goods, whichever is the earliest.

Article 8 - Excluding right of withdrawal

1.       If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has stated this clearly in the offer, in time before the conclusion of the contract.

2.       Excluding the right of withdrawal is only possible for:

  • service contracts after full performance of the service if performance has started with the consumer's express prior consent, and provided that the consumer has acknowledged that he/she loses his/her right of withdrawal once the undertaking has fully performed the contract;

  • the supply or provision of goods or services of which the price is subject to fluctuations in the financial market which are beyond the enterprise'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 which could deteriorate rapidly 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 the seal of which 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 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 services relating to leisure activities, if the contracts provide for a specific date or period of execution;

  • the supply of digital content which is not supplied on a tangible medium, if the performance has started with the consumer's express prior consent and provided that the consumer has acknowledged that he/she thereby loses her 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 product prices or services stated in the offer are VAT incl.

Article 10- Conformity and Guarantee

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 can assert against the entrepreneur legally and / or the distance contract in respect of a breach of the obligations of the entrepreneur.

Article 11- Delivery and implementation

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 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. If delivery is delayed, or if an order cannot 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 product available. At the latest upon delivery, it will be clearly and understandably 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 - Transaction duration

1.       The consumer may terminate an agreement entered into for an unlimited 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 unlimited period of time and the notice period after continuation of the contract will be a maximum of one month.

Article 13 - Payment

1.       If 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, terms and conditions may stipulate partial or full payment in advance (during the cooling-off 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.

5.       If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution. The consumer can appeal to the consumer ombudsman service. The consumer has the possibility to submit a mediation request via the Belmed platform of the Federal Public Service Economy.


6.    Consumers can complain online at any time to the European Commission via https://ec.europa.eu/odr/.

Article 15 - Disputes

Agreements between the entrepreneur and the consumer, to which these terms and conditions apply, are exclusively governed by Belgian law.

Article 16 - Counterfeit

At all times, the entrepreneur only offers products purchased from the original manufacturers and their wholesalers. In case of doubt about the authenticity of the products, consumers can find more information and tips on the website https://eccbelgium.be. In case of suspicion of counterfeiting, the consumer can always submit a complaint to the hotline https://meldpunt.belgie.be/meldpunt/en/welcome.

Article 17 - Additional or deviating provisions

Additional provisions or provisions deviating from these terms and conditions may not be to the consumer's detriment 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 - BeCommerce Code of Conduct 

As a member of BeCommerce, the webshop is bound by the BeCommerce Code of Conduct. You can consult this Code of Conduct here.

Article 19 - Modification of BeCommerce terms and conditions

Amendments to these terms and conditions shall only be effective after they have been published in an appropriate way, 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 20 - 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 claimed against BeCommerce. 

Address BeCommerce :

C/o Co.Station
Sinter-Goedelevoorplein 5 Place Sainte-Gudule
1000 Brussels
Belgium

© 2012 BeCommerce ( https://www.becommerce.be ). The provided information (terms and conditions, privacy statement and disclaimer) is copyrighted by law. The information may not be reproduced or communicated without prior written permission of BeCommerce (info@becommerce.be). All applicable intellectual property rights therefore remain in force.