General terms and conditions Carpshop24.com

Article 1 – Definitions In these terms and conditions, the following definitions apply:

1. Reflection period: the period during which the consumer can 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 entrepreneur;
3. Day: calendar day;
4. Continuous transaction: a distance contract concerning a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur 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 cancel the distance contract within the reflection period;
7. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
8. Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, where up to and including the conclusion of the contract only one or more techniques for distance communication are used;
9. Technique for distance communication: means that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same space at the same time;

Article 2 – Identity of the entrepreneur

Carpshop24.com

Beekstraat 64A, 9420 Erpe-Mere

BE0839.726.723

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible upon 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 general 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 data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent electronically upon the consumer's request.
4. In the event that specific product or service conditions also apply alongside these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting general terms and conditions.
5. “The personal and/or business data that Carpshop 24 processes in the context of business operations are used (also) by it or by third parties to whom the claims have been 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 validity period or is made under conditions, this is explicitly 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 connected to the acceptance of the offer. This concerns in particular:
· the price including taxes;
· any delivery costs;
· the way in which the agreement will be concluded and which actions are necessary for this;
· whether or not the right of withdrawal applies;
· the method of payment, delivery, and execution of the agreement;
· the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
· the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the communication medium used;
· the way in which the consumer can check and, if desired, correct the data provided by him in the context of the agreement before concluding the agreement;
· the minimum duration of the distance contract in the case of a long-term transaction.

Article 5 – The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
4. Within legal frameworks, the entrepreneur may verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will provide the consumer with the following information, either in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, together with the product or service:
· the visiting address of the entrepreneur’s establishment where the consumer can address complaints;
· the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
· information about warranties and existing after-sales service;
· the information included in article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the agreement was executed;
· the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
6. In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal Upon delivery of products:

1. When purchasing products, the consumer has the option to cancel the agreement without giving reasons within 14 days. This reflection period starts the day after the consumer or a representative designated in advance by the consumer and known to the entrepreneur receives the product.
2. During the reflection period, the consumer will handle the product and packaging with care. They will 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 will return the product and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When delivering services:
3. When delivering services, the consumer has the option to cancel the agreement without giving reasons for at least fourteen days, starting from the day the agreement is concluded.
4. To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Costs in case of withdrawal

1. If the consumer exercises their right of withdrawal, the costs of return shipping and any handling fees will be borne by the consumer up to a maximum.
2. If the consumer has paid an amount, the entrepreneur will refund 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 entrepreneur may exclude the consumer's right of withdrawal as provided in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products: · that have been created by the entrepreneur according to the consumer's specifications;
· that are clearly personal in nature;
· that by their nature cannot be returned;
· that can spoil or age quickly;
· whose price is tied to fluctuations in the financial market over which the entrepreneur has no control;
· for loose 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:
· concerning accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
· for which delivery has begun with the explicit consent of the consumer before the reflection period has expired;
· concerning bets and lotteries.

Article 9 – The price

1. During the validity period stated 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.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with prices tied to fluctuations in the financial market, over which the entrepreneur has no control, at variable prices. This linkage to fluctuations and the fact that any stated prices are indicative prices are mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
· these are the result of legal regulations or provisions; or
· the consumer has the right to terminate the agreement as of the day the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.

Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of durability and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur based on the agreement.

of the nature or quality of the materials used.

1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has communicated to the company.
3. Subject to the provisions of article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or only partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. In case of termination in accordance with the previous paragraph, the entrepreneur will 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 to be impossible, the entrepreneur will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment and handling fees are the responsibility of the consumer.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, termination, and extension

Termination
1. The consumer may terminate an open-ended agreement that involves the regular delivery 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 a fixed-term agreement that involves the regular delivery 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 mentioned in the previous paragraphs:
· terminate at any time and not be limited to termination at a specific time or within a specific period;
· at least terminate in the same manner as they were entered into by the entrepreneur;
· always terminate with the same notice period as the entrepreneur has stipulated for themselves.
Extension
An agreement entered into for a fixed term that involves the regular delivery of services may not be tacitly extended or renewed for a fixed term. Notwithstanding the previous paragraph, an agreement entered into for a fixed term that involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed term of up to three months, provided the consumer can terminate this extended agreement near the end of the extension with a notice period of no more than one month.
An agreement entered into for a fixed term that involves the regular delivery of services may only be tacitly extended for an indefinite period if the consumer can 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 involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
Durability
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

postpone the agreed duration.

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
2. The consumer is obliged to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.
3. In case of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs previously communicated to the consumer.

Article 14 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has identified 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 respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.