Article 1 - Definitions
In these terms and conditions the following is understood to mean:
- Supplementary agreement: an agreement whereby the consumer acquires products in connection with a distance contract and these items are supplied by the entrepreneur or by a third party on the basis of an agreement between the third party and the entrepreneur;
- Cooling off period: the period of time in which the consumer can exercise his right of cancellation;
- Consumer: the natural person who is not acting for purposes related to his trade, business, craft or professional activity;
- Day: calendar day;
- Durable data carrier: every tool - including email - that enables the consumer or entrepreneur to store information that is addressed to him in person, in a way that enables future consultation or use during a period that is geared to the goal for which the information is intended, and which allows unaltered reproduction of the stored information;
- Right of cancellation: the possibility for the consumer to cancel the distance contract within the cooling-off period;
- Entrepreneur: the legal entity as referred to in Article 2 who offers products, (access to) digital content and/or services to consumers at a distance;
- Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling, whereby up to and including the conclusion of the agreement use is exclusively or partly made of one or more techniques for communication at a distance;
- Sample form for cancellation: the European sample form for cancellation included in Annex I of these conditions; Annex I does not have to be made available if the consumer has no right of cancellation in respect of his order;
- Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be in the same room at the same time.
Article 2 - Identity of the entrepreneur
Name of entrepreneur: Quarzo Rosa BV
Trading under the name: ellemilla
Koning Leopoldlaan 32
3920 Lommel, Belgium
Email address: firstname.lastname@example.org
Company registration numbe: 0811820516
VAT number: BE0811.820.516
IBAN: BE 20 3630 4824 9456
Article 3 - Applicability
- These terms and conditions apply to every offer made by the entrepreneur and to every distance contract that has been concluded between the entrepreneur and the consumer.
- 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, the entrepreneur will, before the distance contract is concluded, indicate how the terms and conditions can be viewed at the entrepreneur and that they will be forwarded free of charge as soon as possible at the request of the consumer.
- 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 electronically to the consumer in such a way that the consumer can store these in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the terms and conditions can be consulted electronically and that at the request of the consumer they will be forwarded free of charge by electronic means or otherwise.
- In the event that specific product conditions apply in addition to these terms and conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting conditions the consumer may always invoke the applicable provision that is most favourable to him.
Article 4 - The range
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer shall contain a complete and accurate description of the products, digital content and/or services offered. The description shall be sufficiently detailed to allow for a proper assessment of the offer by the consumer. If the entrepreneur makes use of images, these are a true reflection of the offered products, services and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur. Minor deviations in colour as a result of the use of digital images and photographs by the entrepreneur are, if reasonable, not at the expense and risk of the entrepreneur.
- Each offer contains the information required to make it clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 - The agreement
- The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance of the offer by the consumer and the fulfilment of the corresponding conditions, including payment of the price as referred to in Article 13.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately electronically confirm the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and he will ensure a secure internet environment. (SSL connection, recognisable by the lock in the status bar of your browser). If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur can - within statutory frameworks - inform himself as to 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 the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons given, or to attach special conditions to the execution thereof.
- At the latest at the moment of delivery of the product 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:
- The visitors address of the entrepreneur's business where the consumer can direct complaints;
- the conditions under which and the manner in which the consumer can exercise the right of cancellation, or a clear statement regarding the exclusion of the right of cancellation;
- the information about warranties and existing service after purchase;
- the price including all taxes of the product, service or digital content; insofar as applicable the costs of delivery; and the method of payment, delivery or execution of the distance contract;
- in the event that the consumer has right of cancellation, the sample form for cancellation.
Article 6 - Right of cancellation or withdrawal
- The consumer can terminate an agreement regarding the purchase of a product during a cooling off period of 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for the cancellation, but may not not to oblige him to state his reason(s).
- The cooling-off 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 as part of the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has informed the consumer in a clear manner prior to the ordering process, refuse an order of several products with a different delivery time.
- 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, has received the last shipment or the last part;
- in the case of agreements 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.
- If the entrepreneur has not provided the consumer with the legally required information about the right of cancellation or the sample form for cancellation, the cooling-off period expires 12 months after the end of the original cooling-off period set in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within 12 months after the commencement date of the original cooling off period, the cooling-off period expires 14 days after the day on which the consumer has received this information.
Article 7 - The consumer's obligations during the cooling-off period
- During the cooling-off period, the consumer shall handle the product and packaging with care. He will only unpack the product to the extent needed to ascertain the nature, the features and the working 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 shop.
- Articles may not be used or worn by the consumer.
- The consumer is liable for the reduction in value of the product that is the result of handling the product which goes further than allowed in paragraph 1.
Article 8 - Exercising the right of cancellation by the consumer and its related costs
- If the consumer exercises his right of cancellation, he will notify the entrepreneur within the cooling-off period by means of the sample withdrawal form or in another unambiguous way.
- 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 will hand it over to (an authorised representative of) the entrepreneur. This does not apply if the entrepreneur has offered to collect the product himself. In any case, the consumer will have complied with the return period if he returns the product before the cooling-off period has expired.
- The consumer will return the product with all accessories, if reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the right of cancellation lies with the consumer.
- The consumer shall bear the direct costs of returning the product, unless the entrepreneur has explicitly stated that he will bear these costs.
- If the consumer makes use of his right of cancellation, all additional agreements will be dissolved by operation of law.
Article 9 - The entrepreneur's obligations in the event of cancellation
- If the entrepreneur makes the notification of cancellation by the consumer by electronic means possible, he will send an acknowledgement of receipt immediately after receipt of this notification.
- The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the cancellation. Unless the entrepreneur offers to collect the product himself, he may delay reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
- The entrepreneur will use the same payment method for reimbursement that the consumer has used , unless the consumer agrees to another method. The reimbursement will incur no charges for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 - The price
- During the period of validity mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
- 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, with variable prices. In that event the offer shall state that the quoted prices are subject to fluctuations and are target prices.
- Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the option to cancel the agreement starting from the day when the price increase takes effect.
- The prices of goods or services stated in the offer are inclusive of VAT.
Article 11 - Fulfilment of agreement and extra warranty
- The entrepreneur warrants that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations that exist on the date of the conclusion of the agreement.
- An additional warranty provided by the entrepreneur, his supplier, producer or importer never limits the legal rights and claims that the consumer can enforce against the entrepreneur under the agreement if the entrepreneur has failed to fulfil his part of the agreement.
- An additional warranty is understood to mean every obligation of the entrepreneur, his supplier, importer or producer in which he assigns certain rights or claims to the consumer that go beyond what is legally required in the event that he has failed to fulfil its part of the agreement.
Article 12 - Supply and execution
- The entrepreneur will take the greatest possible care when receiving and implementing orders for products.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- With due observance of what has been stated in article 4 of these terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without any costs.
- The entrepreneur takes no responsibility for errors made by the consumer while entering the order (on the website), which can result in a delay in delivery or incorrect delivery.
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount that the consumer has paid.
- Products that are in stock will as a rule be delivered on the following working day except in the event of force majeure. In the unlikely event that this is not the case, the entrepreneur will inform the consumer by email.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a predesignated representative announced to the entrepreneur, unless expressly agreed otherwise.
- The entrepreneur supplies products in Belgium and other EU member states, as well as other countries worldwide.
- If the entrepreneur can not fulfil his obligation under the agreement due to force majeure, or due to another extraordinary circumstance, such as fire, strike, natural disaster, etc., then the entrepreneur may postpone his delivery obligation until delivery is possible. The entrepreneur will immediately inform the consumer in the event of an appeal to force majeure. In the event that the circumstance lasts longer than 1 month over and above the stated delivery period, the entrepreneur and the consumer each have the right to dissolve the agreement, without any right to compensation.
Article 13 - Payment
- Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid when placing the order.
- The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
Article 14 - Complaint handling
- The entrepreneur has a well-publicised complaints procedure and will handle the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted to the entrepreneur in detail and clearly described within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within 7 days from the date of receipt. If a complaint requires a foresee-ably longer processing time, the entrepreneur will respond within 7 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- The consumer must in any case give the entrepreneur at least 14 days to resolve the complaint in mutual consultation.
Article 15 - Disputes
- Agreements between the entrepreneur and the consumer to which these terms and conditions apply are subject to Belgian law.
- Disputes arising in connection with this agreement between the entrepreneur and the consumer should first be attempted to be settled amicably. If this does not offer a solution, the dispute will be submitted to the competent court.
Article 16 - Supplementary provisions
- Additional provisions or those deviating from these 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.
- The entrepreneur will process the personal data provided by the consumer to execute the agreement in accordance with the General Data Processing Regulation (GDPR). The entrepreneur has drawn up a privacy statement for this purpose and this is stated on his website. The consumer agrees that the data is stored and processed by the entrepreneur. In addition, the consumer expressly agrees that the entrepreneur may use this information to send targeted marketing campaigns and offers to the email address specified by the consumer. The consumer may, at his request, view his personal data and his data shall, at his request, immediately be permanently deleted.
Sample form for cancellation
(only fill in this form and return it if you want to cancel the agreement)
To: Quarzo Rosa BV trading under the name ellemilla
Koning Leopoldlaan 32
3920 Lommel, Belgium
- I hereby inform you that I am cancelling our agreement regarding
- de the sale of the following products: …………………………………[ list products ]
- Order number…………………………………………………………………[ order number ]
- The product has been received by me on……………………………………...[ date of delivery ]
- Your name (first name and last name)…………………………………………….[ name ]
- Your address ……………..……………………………………………………….[ street, place, postcode ]
- In the event of a different delivery address:…………………………………………………..[ street, place, postcode]