GENERAL TERMS AND CONDITIONS LatexWaistTrainer
Article 1 - Definitions
In these conditions:
1 Consumer: the natural person who does not act in the
the exercise of a profession or business that is older than 18 years and that enters into a distance contract with the entrepreneur;
2 Day: calendar day;
3 Duration transaction: a distance contract with regard
to a range of products, of which the delivery and / or
purchase obligation in time is spread out;
4 Durable data carrier: any means that the consumer or
enables the entrepreneur to personally store information addressed to him in a way that makes this information accessible for future use during a period that is adapted to the purpose for which the information is intended and which allows an unmodified representation of the stored information ;
5 Right of withdrawal: the possibility for the consumer to refrain from the distance contract within the cooling-off period;
6 withdrawal period: the period within which the consumer can make use of his right of withdrawal;
7 Entrepreneur: the legal entity that offers products to consumers remotely, being Latexwaisttrainer
8 Distance contract: an agreement between the entrepreneur and the consumer within the framework of an organized distance selling system without simultaneous physical presence of the entrepreneur and the consumer and where, up to and with respect to a system organized by the entrepreneur for distance selling of products,
up to and including the moment at which the contract is concluded, use is only made of one or more means of distance communication;
9 Technique for distance communication: any means that, without the simultaneous physical presence of the entrepreneur and the consumer, can be used to conclude an agreement;
10 Hidden or invisible damage: this means that the damage to the delivered goods could not be detected before the opening of the packaging;
11 Visible damage: this means that the damage to the goods was clearly visible on the outside of the packaging, ie before opening it.
Article 2 - Identity of the entrepreneur
1e wormenseweg 166, 7331MR Apeldoorn Holland
Telephone number: 0314-234334 Access: from Monday to Friday from 10:00 am to 16:30 pm E-mail address: [email protected] Company number: 0651.814.363
VAT identification number: BE0651.814.363 IBAN: BE79 6528 4740 6533
Article 3 - Applicability
1 These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract between the entrepreneur and the consumer.
2 Before the distance contract is concluded, the text of these general terms and conditions is made available electronically to the consumer in such a way that it can be easily stored by the consumer on a durable medium. If this is
it is not reasonably possible to do so, before the distance contract is concluded, of which the general terms and conditions can be observed electronically and that they will be sent electronically or by other means at the request of the consumer.
3 By accepting the offer of entrepreneur, the consumer accepts the general valid at that time
conditions. Consumer is always accepting an offer of entrepreneur exclusively responsible for reading and accepting the general terms and conditions applicable at that time.
4 In the event that specific product conditions apply in addition to these general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him in case of conflicting conditions.
Article 4 - The offer
1 If an offer has a limited period of validity or takes place under certain conditions, this will be explicitly stated in the offer.
2 The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are the best possible truthful representation of the products offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3 Each offer contains such information, so that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
the possible costs of delivery;
the way in which the contract 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 accepting the offer or the period within which the entrepreneur guarantees the price;
the way in which the consumer, prior to concluding the contract, can check the data provided by him under the contract and repair it if necessary;
any other languages in which, in addition to Dutch, the agreement can be concluded; and
the minimum duration of the distance contract in case of an extended transaction.
Article 5 - The contract
1 Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
2 If the consumer has accepted the offer electronically, the entrepreneur will confirm the acceptance of the offer electronically within a reasonable period after the conclusion of the agreement and at the latest upon delivery of the goods. As long as the confirmation of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3 If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4 The entrepreneur can - within legal frameworks - inform the consumer of his payment obligations
can comply with 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, motivated or to attach special conditions to the execution.
5 With the product 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:
a. the visiting address of the business location of the trader where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing service after purchase;
d. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. 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 an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Damage and / or loss of the delivered goods
1 Hidden / invisible damage. Under forfeiture of decay
of any compensation, the consumer will immediately, and in any case within 7 calendar days from the day of delivery, inform the entrepreneur as well as provide pictures of the hidden / invisible damage, the way for taking pictures is explained on the website of the entrepreneur https: //
www.latexwaisttrainer.com/. The entrepreneur then in turn contacts the entity responsible for the shipment of the delivered products for the further settlement of the claim. The consumer must in any case keep the damaged goods in their original packaging until after the regularization of the claim.
2 Visible damage or partial loss. In case of forfeiture of any compensation, the consumer will immediately note this when signing receipt of the goods. The consumer must also immediately inform the entrepreneur as well as provide pictures, the way for taking pictures is explained on the website of the entrepreneur (latexwaisttrainer). The entrepreneur then in turn contacts the entity responsible for the shipment of the delivered products for the further settlement of the claim. The consumer must in any case keep the damaged goods in their original packaging until after the regularization of the claim.
3 Loss and / or signature disputes. Subject to the forfeiture of any compensation, the consumer will immediately inform the trader of loss of the goods and / or signature discrepancies. In addition, the consumer must confirm in writing that he has never received the shipment and / or he does not recognize the signature. The entrepreneur then in turn contacts the entity responsible for the shipment of the delivered products for the further settlement of the claim.
Article 7 - Right of withdrawal
1 The consumer has the right to withdraw from the contract within 30 days without giving any reason. The withdrawal period expires 14 days after the day on which the consumer or a third party designated by the consumer, who is not the carrier, is physically in possession of the goods or, in case the consumer has ordered several goods in the same order, which are delivered separately. , 30
days after the day on which the consumer or a third party designated by the consumer, who is not the carrier, physically owns the last good.
2 During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur.
3 In order to exercise the right of withdrawal, the consumer must inform the entrepreneur of his decision to withdraw from the contract by means of an unequivocal statement (eg in writing by post, fax or e-mail).
4 In order to comply with the withdrawal period, it is sufficient that the consumer sends his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.
Article 8 - Consequences of cancellation
1 If the consumer revokes the agreement, he receives all payments he has made up to that time, including delivery costs (with the exception of any additional costs resulting from the consumer's choice for a different method of delivery than the cheapest offered by the entrepreneur standard delivery) within 14 days following the day on which the consumer has notified him of the withdrawal, of the entrepreneur back.
2 Entrepreneur may wait with reimbursement until he has received the goods, or the consumer has shown that the goods were returned, whichever comes first.
3 The trader will reimburse the consumer with the same payment method with which the consumer has performed the original transaction, unless the consumer has expressly agreed otherwise. In any case, the consumer will
no costs will be charged for such reimbursement
4 If the consumer exercises his right of withdrawal only in respect of
a part of the goods purchased by him, the entrepreneur will only be obliged to repay all payments made by the consumer up to that time, including delivery costs (with the exception of any additional costs resulting from the choice of the consumer for another way of delivery than the cheapest standard delivery offered by the entrepreneur) that relate to the returned goods.
5 If, due to an action or offer, reductions on the original purchase price and / or deliveries are allowed, then as a result of the exercise of the right of withdrawal the original purchase amount will be recalculated and will only be required to repay the amount owed to the consumer after such recalculation.
6 The consumer must return or hand over the goods immediately, but in any event not later than 30 days after the day on which the consumer decides to cancel the contract. The consumer is on time if he returns the goods before the 30-day period has expired.
7 The direct costs of returning the goods are borne by the consumer.
8 The consumer is only liable for the depreciation of the goods resulting from the use of the goods, which goes beyond what is necessary to determine the nature, characteristics and functioning of the goods.
Article 9 - Exclusion of right of withdrawal
1 The entrepreneur can exclude the right of withdrawal of the consumer insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly
in the offer, at least in time for the closing of the
2 Exclusion of the right of withdrawal is only possible for
3 a. That have been created by the entrepreneur
according to consumer specifications;
4 b. that are clearly personal in nature;
5 c. which can not be returned due to their nature;
6 d. that can spoil or age quickly;
7 e. whose price is subject to fluctuations on the
financial market on which the entrepreneur has no influence;
8 f. for loose newspapers and magazines;
9 g. for audio and video recordings and computer software of which
the consumer has broken the seal.
Article 10 - The price
1 During the validity period stated in the offer, the prices of the offered products will not be increased, except for price changes due to changes in VAT rates.
2 Contrary to the previous paragraph, the entrepreneur can offer products whose prices are subject to fluctuations in the financial market and which the entrepreneur has no influence on, with variable prices. This link to fluctuations and the fact that any mentioned 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 contract are only allowed if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or stipulations; or
b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5 The prices mentioned in the offer of products or services include VAT.
Article 11 - Liability
1 This article supersedes all clauses of these general terms and conditions, includes the full liability of the entrepreneur and sets out the sole and exclusive remedies of the consumer for the execution, non-execution, alleged execution or delay in the implementation of these general terms and conditions. or the agreement between entrepreneur and consumer and on the other side all other claims in connection with these general terms and conditions or the agreement between entrepreneur and consumer.
2 Nothing in these general terms and conditions constitutes or can be interpreted as an exclusion or limitation of liability of the entrepreneur due to fraudulent intent, fraud, death or personal injury caused by an entrepreneur's breach of its obligations.
3 The liability that the entrepreneur may incur is a result of a best efforts obligation.
4 Without prejudice to other legal provisions, all liability of entrepreneur is rejected for: loss of turnover, loss of actual or foreseeable profits, loss of contracts, loss of use of money, loss of expected savings, loss of activities, loss of productive time, loss of opportunities, loss of goodwill, loss of reputation, loss of, damage to or corruption of data, or any other indirect or consequential damages and this regardless of whether the loss is direct, indirect, consequential or otherwise.
5 The liability of the entrepreneur is excluded irrespective of whether this can be foreseen, known, expected or in any other form.
Article 12 - Conformity and Guarantee
1 The entrepreneur guarantees for a period of 2 years following the purchase by the consumer 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 existing on the date of the conclusion of the agreement.
2 A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
Article 13 - Delivery and execution
1 The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2 The place of delivery is the address that the consumer has made known 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. 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 contract without penalty and the right to any compensation.
4 In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after termination.
5 If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are at the expense of the entrepreneur.
6 The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the
consumer or a pre-designated and made representative to the entrepreneur, unless expressly agreed otherwise.
Article 14 - Duration transactions: duration, cancellation and extension
1 The consumer can have an agreement for an indefinite period
entered into and which extends to the regular delivery of products or services, at any time by giving a registered letter and observing a notice period of one month.
2 The consumer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products or services, at any time by the end of the fixed term, provided that a registered letter and observance of a notice period of no more than one month.
4. A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may not be tacitly renewed or renewed for a fixed term.
5. Notwithstanding the previous paragraph, a contract that has been entered into for a definite period and which extends to the regular delivery of daily news- and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer has renewed this extension. agreement by the end of the extension can terminate with a notice period of no more than one month.
6. A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. Agreements with limited duration to the regular delivery of daily, news and weekly newspapers and
journals (trial or introductory subscription) are not tacitly continued and end automatically after the trial or introductory period
8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness cancel before the end of the agreed term. to resist.
Article 15 - Payment
1 You pay the amounts due within 14 days of the commencement of the cooling-off period, unless otherwise stated in the Purchase Agreement. If a cooling-off period is missing, you pay the amounts due within 14 days after the conclusion of the Purchase Agreement, unless otherwise stipulated in the Purchase Agreement.
2 You may not be obliged to pay more than 50% in advance. If an advance payment has been stipulated, you can not assert any right with regard to the execution of the order in question before the stipulated advance payment has taken place.
3 The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4 If you do not meet your payment obligation in time, we must point out the late payment and allow you a period of 14 days to still meet your payment obligations. If you do not pay within this 14-day period, you also owe the statutory interest on the amount owed. We can then charge extrajudicial collection costs to you. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500, =; 10% over the next € 2,500, = and 5% over the next € 5,000, = with a minimum of € 40, =. We may deviate from the aforementioned amounts and percentages in your favor.
Article 16 - Force majeure
1 Entrepreneur can not be held liable for violations, delays or defects in the execution of the agreement between entrepreneur and consumer if these are the result of facts or circumstances that are independent of the will of one of the entrepreneur, which can not be foreseen, and which can not be avoided, including but not limited to earthquake, thunderstorm, flood, fire, illness, fog, snow or frost, war, accident, strikes, embargo, malfunctions and / or problems with utilities (including failure electricity, telecommunication or internet), mechanical problems of resources and / or machines, and unforeseen personnel shortages.
2 Entrepreneur and consumer who, as the occasion arises, wishes to invoke such facts or circumstances, is obliged to disclose these facts or circumstances to the other party in writing as soon as possible, to make every effort to keep their duration to the strict minimum. limit and also notify the other party in writing if these facts or circumstances have ended.
3 If these facts or circumstances last longer than 5 days, each party can terminate the agreement legally and by registered letter without any compensation being due.
Article 17 - Complaints procedure
1 The entrepreneur has a well-publicized complaints procedure (Kinderenkoning.be) 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 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 respond within the period of 14 days with a notice of receipt
and an indication when the consumer is more comprehensive
answer can expect.
4 If the complaint can not be resolved by mutual agreement
a dispute arises that is susceptible to the dispute resolution. In the event of extrajudicial settlement of the dispute, the Consumers' Consumption Service of the Federal Government is authorized to receive any request for extrajudicial settlement of consumer disputes. This will in turn handle the application itself or send it to a qualified entity. You can reach the Consumer Ombudsman through this link: http://www.consumersombudsdienst.be//en. In case of disputes with a cross-border nature, you can also appeal to the European Union's Online Dispute Resolution platform via this link: http://ec.europa.eu/odr "
Article 18 - Disputes
1 Only Belgian law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply and only the Belgian courts are competent.
Article 19 - Additional or different provisions
1. Additional or different provisions of 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 medium.