General terms and conditions Carpshop24.com
Article 1 – Definitions In these terms and conditions, the following definitions apply:
1. Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the trader;
3. Day: calendar day;
4. Continuing performance contract: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
5. Durable medium: any means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
6. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
7. Trader: the natural or legal person who offers products and/or services to consumers at a distance;
8. Distance contract: a contract concluded within the framework of an organised system for the distance sale of products and/or services by the trader, whereby, up to and including the conclusion of the contract, exclusive use is made of one or more distance communication techniques;
9. Distance communication technique: a means that can be used to conclude a contract without the consumer and trader being simultaneously present in the same place;
Article 2 – Identity of the trader
Carpshop24.com
Beekstraat 64A, 9420 Erpe-Mere
BE0839.726.723
Article 3 – Applicability
1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader 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, it shall be indicated before the distance contract is concluded that the general terms and conditions may be inspected at the trader's premises and that, at the consumer's request, they will be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent electronically at the consumer's request.
4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
5. “The personal data and/or business data processed by Carpshop 24 in the course of its business operations are used, in whole or in part, by it and/or by third parties to whom the claims are assigned (transferred) for or in connection with:
a) risk analyses
b) the prevention, detection and combating of fraud or irregularities”
Article 4 – The offer
1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with acceptance of the offer. This concerns in particular:
· the price including taxes;
· any delivery costs;
· the manner in which the contract will be concluded and which actions are required for this;
· whether or not the right of withdrawal applies;
· the method of payment, delivery and performance of the contract;
· the period for accepting the offer, or the period during which the trader guarantees the price;
· the rate charged for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used;
· the manner in which the consumer can check and, if desired, correct the data provided by them in connection with the contract before concluding the contract;
· the minimum duration of the distance contract in the case of a continuous performance transaction.
Article 5 – The Agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set therein.
2. If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the agreement.
3. If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the trader shall observe appropriate security measures for that purpose.
4. Within legal limits, the trader may verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into a distance agreement. If, on the basis of this investigation, the trader has valid grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to its performance.
5. The trader shall include the following information with the product or service for the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
· the visiting address of the trader's establishment where the consumer can submit complaints;
· the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
· information about warranties and existing after-sales service;
· the information referred to in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before the performance of the agreement;
· the requirements for terminating the agreement if the agreement has a duration of more than one year or is for an indefinite period;
6. In the case of a continuing performance agreement, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of Withdrawal When products are delivered:
1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or by a representative designated in advance by the consumer and made known to the trader.
2. During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product and packaging to the trader in accordance with the reasonable and clear instructions provided by the trader.
In the case of the provision of services:
3. In the case of the provision of services, the consumer has the option to terminate the agreement without giving reasons for at least fourteen days, starting on the day the agreement is concluded
4. To exercise their right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the trader in the offer and/or at the latest upon delivery.
Article 7 – Costs in the event of withdrawal
1. If the consumer exercises their right of withdrawal, they shall bear at most the costs of return and any handling costs.
2. If the consumer has paid an amount, the trader shall repay this amount as soon as possible, but no later than 30 days after the return or withdrawal. Article 8 – Exclusion of the right of withdrawal
1. The trader may exclude the consumer's right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if the trader has clearly stated this in the offer or, at least, in good time before conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products: · which have been made by the trader in accordance with the consumer's specifications;
· which are clearly personal in nature;
· which, by their nature, cannot be returned;
· which may deteriorate or expire rapidly;
· whose price is subject to fluctuations in the financial market over which the trader has no influence;
· for individual newspapers and magazines;
· for audio and video recordings and computer software where the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
· relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
· the delivery of which has commenced with the consumer's explicit consent before the cooling-off period has expired;
· relating to betting and lotteries.
Article 9 – The price
1. During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
2. Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no control, at variable prices. This dependence on fluctuations and the fact that any stated prices are indicative prices shall be 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 trader has stipulated this and:
· they are the result of statutory regulations or provisions; or
· the consumer has the right to terminate the agreement as of the date on which the price increase takes effect.
5. The prices stated in the offer for products or services include VAT.
Article 10 – Conformity and Warranty
1. The trader guarantees that the products and/or services 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 in force on the date the agreement is concluded. If agreed, the trader also guarantees that the product is suitable for uses other than normal use.
2. Any warranty provided by the trader, manufacturer or importer shall not affect the statutory rights and claims that the consumer may assert against the trader under the agreement.
Article 11 – Delivery and performance
1. The trader shall exercise the greatest possible care when receiving and processing orders for products and when assessing applications for the provision of services.
2. The place of delivery shall be the address provided by the consumer to the company.
3. Subject to the provisions of Article 4 of these general terms and conditions, the company shall fulfil accepted orders promptly and no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to any compensation.
4. In the event of termination in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.
5. If delivery of an ordered product proves impossible, the trader will make every effort to provide a replacement item. No later than upon delivery, it will be stated clearly and understandably that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment and handling fees shall be borne by the consumer.
6. The risk of damage to and/or loss of products remains with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
Article 12 – Continuing transactions: duration, termination and renewal
Termination
1. The consumer may terminate an agreement entered into for an indefinite period and intended for the regular provision of services at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement entered into for a fixed term and intended for the regular provision of services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs:
· terminate at any time and not be restricted to termination at a specific time or during a specific period;
· terminate at least in the same manner in which they were entered into by the consumer;
· always terminate with the same notice period that the trader has stipulated for themselves.
Renewal
A fixed-term agreement for the regular delivery of services may not be tacitly extended or renewed for a fixed term. By way of derogation from the previous paragraph, a fixed-term agreement for the regular delivery of daily newspapers, newspapers, weekly newspapers and magazines may be tacitly extended for a fixed term of no more than three months, provided that the consumer may terminate this extended agreement at the end of the extension with a notice period of no more than one month.
A fixed-term agreement for the regular delivery of services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the agreement concerns the regular delivery, less than once a month, of daily newspapers, newspapers, weekly newspapers and magazines.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year, subject to a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
1. Unless otherwise agreed, amounts owed by the consumer must be paid within 14 days after the cooling-off period referred to in Article 6(1) begins. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
2. The consumer is obliged to report any inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
1. The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
2. Complaints regarding the performance of the agreement must be submitted to the entrepreneur within a reasonable period after the consumer has identified the defects, fully and clearly described.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
