Terms & Conditions: Soap & Gifts BVBA
Section 1 – Definitions
Section 2 – Identity of the entrepreneur
Section 3 – Applicability
Section 4 – The offer
Section 5 – The agreement
START OF REVOCATION NOTICE
Section 6 – Right of withdrawal
Section 7 – Obligations of the consumer during the cooling-off period
Section 8 – Execution of the right of withdrawal by the consumer and associated costs
Section 9 – Obligations of the entrepreneur in the event of withdrawal
Section 10 – Exclusion of the right of withdrawal
END OF REVOCATION NOTICE
Section 11 – Price
Section 12 – Compliance and additional warranty
Section 13 – Delivery and execution
Section 14 – Continuing performance transactions: cancellation, extension and duration
Section 15 – Payment
Section 16 – Handling of complaints
Section 17 – Disputes
Section 18 – Additional or deviating stipulations
Section 1 – Definitions
The definitions of this agreement shall be construed as follows.
1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services on the strength of a remote agreement and whereby such items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement made between the latter and the entrepreneur;
2. Cooling-off period: the period during which consumers may exercise their right of withdrawal;
3. Consumer: the natural person who does not act for purposes that are related to their trade, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data that are produced and provided in a digital format;
6. Continuing performance agreement: an agreement that is aimed at the regular supply of items, services and/or digital content during a certain period of time;
7. Sustainable data carrier: any resource - also including e-mail - that enables the consumer or entrepreneur to store information that was directed to him personally in a way that enables future reference or use during a period that is adjusted to the objective for which the information is meant and that enables unchanged reproduction of the information stored;
8. Right of withdrawal: the option of the consumer to refrain from the remote agreement within the cooling-off period;
9. Entrepreneur: the natural person or legal entity that offers products (access to) digital content and/or services to consumers on a remote basis;
10. Remote agreement: an agreement that is concluded between the entrepreneur and the consumer within the framework of an organised system for the remote sale of products, digital content and/or services, whereby one or more remote communication techniques are applied up to and including the conclusion of the agreement;
11. Standard withdrawal form: the European standard withdrawal form can be used;
12. Remote communication technology: a resource that can be used for concluding the agreement without the consumer and entrepreneur having to meet in the same room at the same time.
Section 2 – Identity of the entrepreneur
Soap & Gifts BVBA
Frans van Hamstraat 32, 3920 Lommel, Belgium
Telephone number: +31 (0) 6 250 63 488
Email: info@soapandgifts.com
Business registration number: 0641.681.229
VAT identification number: BE 0641.681.229
Section 3 – Applicability
1. These General Conditions are applicable to all offers on the part of the entrepreneur and to all remote agreements that are concluded between the entrepreneur and the consumer.
2. Prior to the conclusion of the remote agreement, the text of these General Conditions is made available to the consumer. If this is not feasible within reason, the entrepreneur will provide information - before the remote agreement is concluded - on the way in which way the General Conditions can be accessed from the entrepreneur and will confirm that a copy of these Conditions will be sent, free of charge, as soon as possible upon the consumer's request.
3. If the remote agreement is concluded electronically, the text of these General Conditions may - in deviation from the previous paragraph and before conclusion of the remote agreement - be made available to the consumer by electronic means in such a manner that the latter can easily store it on a sustainable data carrier. If this is not feasible within reason, information will be provided - before the conclusion of the remote agreement - about the location where the General Conditions can be electronically accessed while it will be confirmed that a copy of these Conditions will be sent electronically or through another medium, free of charge, upon the consumer's request.
4. In the event that, in addition to these General Conditions, specific conditions for products or services apply as well, the second and third paragraph will apply accordingly and in the event of contradictory conditions, the consumer can always appeal to the most favourable provision applicable.
Section 4 – The offer
1. If an offer has a limited validity term, or if different conditions are applicable, this shall be explicitly specified in the offer.
2. The offer includes a complete and accurate description of such products, digital content and/or services as are offered. The description shall be sufficiently detailed to enable the consumer to assess the offer properly. Whenever the entrepreneur makes use of pictures, they shall provide a faithful rendering of the products, services and/or digital content offered. Obvious errors or flaws in the offer shall not be binding upon the entrepreneur.
3. Every offer shall include such information that it is clear to the consumer which rights and obligations are associated with the acceptance of the offer.
Section 5 – The agreement
1. Subject to the stipulations of section 4, the agreement comes into force at the moment of acceptance by the consumer of the offer and compliance with the conditions imposed.
2. If the consumer has accepted the offer by electronic means, the entrepreneur shall immediately confirm the acceptance of the offer by electronic means. As long as the entrepreneur has not confirmed the receipt of this acceptance, the consumer has the right to dissolve the agreement.
3. If the agreement materializes electronically, the entrepreneur shall take appropriate technical and logistical precautions to ensure a safe data transfer while a safe web environment shall be ensured as well. If the consumer has the facility of electronic payment, the entrepreneur shall take care of the appropriate safety measures.
4. The entrepreneur may verify - within the bounds of legislation - if a consumer can meet his/her payment obligations as well as such facts and factors that are important for a responsible conclusion of the remote agreement. If the entrepreneur, following such verification, has good reasons for not entering into the agreement, he is entitled to the motivated refusal of an order or enquiry, or to institute special conditions for its execution.
5. At the latest at the moment when the product, service or digital content is delivered to the consumer, the entrepreneur shall provide the following information, either in writing or in such a way that the consumer can store it on a sustainable data carrier in an accessible manner:
5.1. the visiting address of the entrepreneur's business premises where the consumer can turn to in the event of a complaint;
5.2. the conditions under which, and the way in which the consumer can make use of the right of withdrawal, or - as the case may be - a clear statement about exclusion of the right of withdrawal;
5.3. information about warranty and existing service after the purchase;
5.4. price, including all taxes that apply to the product, service or digital content; in as far as is applicable: delivery charges; mode of payment, delivery or execution of the remote agreement;
5.5. requirements for cancelling the agreement if it has a term in excess of one year or if it has an indefinite term;
5.6. if the consumer has the right of withdrawal: the standard withdrawal form.
6. In the event of a continuous performance transaction, the previous paragraph shall only apply to the first delivery.
START OF REVOCATION NOTICE
Section 6 – Right of withdrawal
1. The consumer has the right to dissolve an agreement in relation to the purchase of a product during a cooling-off period of at least 14 days without having to state a reason. The entrepreneur has the right to make inquiries with the consumer as to the reason of withdrawal but may not compel the latter to state his/her reason(s).
2. The cooling-off period as mentioned in paragraph 1 enters into effect on the day after which the consumer, or a third party designated by the consumer who is not the transporter, has taken delivery of the product, or:
2.1. if the consumer has ordered several products through one and the same order: the day on which the consumer or a third party designated by him has received the final product. Provided that the entrepreneur has provided clear, relevant information to the consumer prior to the ordering process, the former has the right to turn down an order for several products with different times of delivery;
2.2. if the supply of a product comprises several deliveries or items: the day on which the consumer or a third party designated by him has received the final consignment or the final item;
2.3. in the event of agreements for the regular supply of products during a certain period: the day on which the consumer or a third party designated by him has received the first product.
3. Extended cooling-off period for products, services and digital content, not supplied through a material carrier, without information about the right of withdrawal having been provided:
3.1. if the entrepreneur has failed to make the legally mandatory information about the right of withdrawal or the standard withdrawal form available to the consumer, the cooling-off period shall expire twelve months after the end of the original cooling-off period that was stipulated in accordance with the previous paragraphs of this section;
3.2. if the entrepreneur has made the information referred to in the previous paragraph available to the consumer within twelve months from the date when the original cooling-off period took effect, the cooling-off period shall expire 14 days after the day on which the consumer has received such information.
Section 7 – Obligations of the consumer during the cooling-off period
1. The consumer shall carefully handle the product and its packaging during the cooling-off period. He/she shall only unpack or use the product to the degree that is necessary to establish the nature, characteristics and functioning of the product. The line is hereby taken that the consumer may only handle and inspect the product in the way that would be allowed to him/her in a shop.
2. The consumer is only liable for a decrease in value of the product that results from handling the product in a way that goes beyond what is allowed in paragraph 1.
3. The consumer is not liable for a decrease in value of the product if the entrepreneur has failed to provide to the consumer all legally mandatory information about the right of withdrawal before or at the conclusion of the agreement.
Section 8 – Execution of the right of withdrawal by the consumer and associated costs
1. If the consumer makes use of his/her right of withdrawal, he/she shall inform the entrepreneur within the cooling-off period by means of the standard withdrawal form or in any other unambiguous manner in written form.
2. The consumer shall return the product or hand it to (a proxy of) the entrepreneur as soon as possible, but always within 14 days from the day following the notification as referred to in paragraph 1. This is not necessary if the entrepreneur has offered to arrange for collecting the product. The consumer is deemed to have complied with the return period at any rate if the product was returned before the expiry of the cooling-off period.
3. The consumer shall return the product including such accessories as have been supplied, if reasonably possible in the original condition and packaging, and in keeping with fair and clear instructions provided by the entrepreneur.
4. The risk and the onus of proof for the appropriate and timely execution of the right of withdrawal rest with the consumer.
5. The consumer shall bear the direct costs of the return of the product. If the entrepreneur has failed to state that such costs are to the consumer's account or if the entrepreneur has stated that these costs are for his account, the consumer does not have to bear the costs of return shipment.
6. If the consumer withdraws after first having explicitly requested that the performance of the service or the supply of gas, water or electricity, not prepared for sale, be started in a limited volume or quantity during the cooling-off period, the consumer owes to the entrepreneur an amount that is proportional to the part of the engagement that the entrepreneur has met at the moment of withdrawal, as compared to full compliance with the engagement.
7. The consumer shall not bear costs for the performance of services or the supply of water, gas or electricity, not prepared for sale, in a limited volume or quantity, or the supply of district heating if:
7.1. the entrepreneur has failed to provide to the consumer the legally mandatory information about the right of withdrawal, to compensate the consumer for withdrawal or to provide the standard withdrawal form, or;
7.2. if the consumer has not specifically requested the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
8. The consumer shall not bear costs for the full or partial delivery of digital content, not supplied through a material carrier, if:
8.1. prior to its delivery he/she did not explicitly agree to starting compliance with the agreement before the end of the cooling-off period;
8.2. he/she has not acknowledged the loss of the right of withdrawal upon granting of permission; or
8.3. if the entrepreneur has failed to confirm this statement by the consumer.
9. If the consumer makes use of his/her right of withdrawal, all additional agreements are legally dissolved.
Section 9 – Obligations of the entrepreneur in the event of withdrawal
1. If the entrepreneur has facilitated electronic notification of withdrawal by the consumer, he shall send a confirmation of receipt immediately upon receiving such a notification.
2. The entrepreneur shall refund all payments to the consumer, including any delivery charges that the entrepreneur may have invoiced for the returned product immediately, but at any rate within 14 days from the day on which the consumer has sent a notification of withdrawal to the former. Unless the entrepreneur offers to collect the product himself, he is at liberty to stall the refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever occurs first.
3. The entrepreneur shall use the same mode of payment for the refund that the consumer has applied, unless the consumer agrees to another method. Any refund shall be made free of charge to the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs resulting from the less cost-positive method.
Section 10 – Exclusion of the right of withdrawal
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly specifies this in his offer, at least in good time before the conclusion of the agreement:
1. products or services of which the price is tied to fluctuations on the financial market that the entrepreneur cannot influence, and that may occur within the withdrawal term;
2. agreements that were concluded during a public auction. A public auction is understood to be a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer, who personally attends the auction, controlled by an auctioneer, or is facilitated to do so and whereby the successful bidder is under the obligation to take delivery of the products, digital content and/or services;
3. service agreements, after full execution of the service, but only if:
3.1. its execution was started with the explicit prior consent of the consumer; and
3.2. the consumer has stated that he will lose his right of withdrawal as soon as the entrepreneur has executed the agreement to the full;
4. package travels as referred to in section 7:500 of the Civil Code and agreements on transport of persons;
5. service agreements for making accommodation available, if a certain date or period of execution was provided and other than agreements for residential purposes, transport of goods, car rental services and catering;
6. agreements in relation to leisure activities, if a certain date or period of execution was provided in the agreement;
7. non-prefabricated products manufactured according to the consumer’s specifications and made on the basis of an individual choice or decision on the part of the consumer, or products that are clearly destined for a specific person;
8. products that are highly perishable or have a limited best-before date;
9. sealed products that are not fit - for reasons of health protection or hygiene - to be returned and of which the sealing was broken after delivery;
10. products that, by their very nature, were irreparably mixed after delivery with other products;
11. alcoholic beverages of which the price was agreed upon conclusion of the agreement but delivery of which can only take place after 30 days and of which the actual value is dependent upon market fluctuations on which the entrepreneur cannot exercise any influence;
12. sealed audio and video recordings and computer programs, of which the sealing was broken after delivery;
13. newspapers, periodicals or magazines, with the exception of subscriptions for such publications;
14. the supply of digital content, other than on a material carrier, but only if:
14.1. its execution was started with the explicit prior consent of the consumer; and
14.2. the consumer has stated that this involves the loss of his right of withdrawal.
END OF REVOCATION NOTICE
Section 11 – Price
1. During the period of validity as stated in the offer, the prices of the products and/or services offered are not increased, with the exception of price adjustments resulting from a change of VAT rates.
2. In deviation from the previous paragraph, the entrepreneur may offer variable prices for products or services of which the prices are tied up with fluctuations on the financial market on which the entrepreneur cannot exercise any influence. This status of being tied to fluctuations and the fact that any prices stated are guidance prices shall be mentioned in the offer.
3. Price increases within 3 months from the materialising of the agreement are only allowed if they result from legal arrangements or provisions.
4. Price increases as from 3 months from the materialising of the agreement are only allowed if the entrepreneur has insisted on this and:
4.1. these result from legal arrangements or provisions; or
4.2. the consumer has the authority to cancel the agreement effective from the date on which the price increase takes effect.
5. Prices stated in the offer of products or services are exclusive of VAT.
Section 12 – Compliance and additional warranty
1. The entrepreneur shall warrant that the products and/or services are in keeping with the agreement, the specifications included in the offer, reasonable demands of reliability and/or usability and with such legal stipulations and/or government regulations as are in existence on the date on which the agreement materialises. If so agreed, the entrepreneur also warrants that the product is suitable for use, other than normal use.
2. Additional warranty granted by the entrepreneur, his supplier, manufacturer or importer shall never restrict the legal rights and claims that the consumer may exercise vis-Ã -vis the entrepreneur if the entrepreneur has failed in the execution of his part of the agreement.
3. Additional warranty is understood to include any engagement on the part of the entrepreneur, his supplier, importer or producer in which the latter allocates certain rights or claims to the consumer that go beyond his legal obligations in the event that he has failed in the execution of his part of the agreement.
Section 13 – Delivery and execution
1. The entrepreneur shall exercise the greatest possible care when taking delivery of products, when carrying out orders for products and when assessing enquiries for the provision of services.
2. The address that the consumer has communicated to the entrepreneur is considered to be the place of delivery.
3. While respecting the gist of what is stipulated about this subject in section 4 of these General Conditions, the entrepreneur shall carry out the accepted orders with due expedience but at the latest within 30 days, unless another time of delivery has been agreed. If the delivery suffers from a delay, or if an order cannot be executed, or only in part, the consumer shall be notified no later than 30 days from the date on which he/she has placed the order. In such an event, the consumer has the right to dissolve the agreement at no cost and is entitled to compensation, if applicable.
4. After dissolving as referred to in the previous paragraph, the entrepreneur shall immediately refund the amount paid by the consumer.
5. The risk of damage to products and/or missing of products rest with the entrepreneur up to the moment of delivery to the consumer or a previously designated representative of whom the entrepreneur had been informed, unless explicitly agreed otherwise.
Section 14 – Continuing performance transactions: cancellation, extension and duration
Cancellation:
1. The consumer has the right at all times to cancel an agreement that was concluded for an indefinite period of time and that was aimed at the regular supply of products (including electrical power) or services, with observance of the cancellation rules as agreed and of a notice period of one month as a maximum.
2. The consumer has the right at all times to cancel an agreement that was concluded for a definite period of time and that was aimed at the regular supply of products (including electrical power) or services by the end of the definite period, with observance of the cancellation rules as agreed and of a notice period of one month as a maximum.
3. In respect of the agreements as mentioned in the foregoing paragraphs:
3.1. the consumer can rescind such agreements at all times and cannot be restricted to cancellation at a certain time or during a certain period;
3.2. the consumer can at any rate rescind such agreements in the same way as he/she has entered into them;
3.3. the consumer can always rescind an agreement with the same term of notice that the entrepreneur has stipulated for himself.
Extension:
4. An agreement that was entered into for a definite period of time and that is aimed at the regular supply of products (including electrical power) or services may not be tacitly extended or renewed for a certain duration.
5. In deviation from the preceding paragraph, an agreement that was entered into for a definite period of time and that is aimed at the regular supply of dailies, newspapers, weeklies and magazines may be tacitly extended for a definite term of three months as a maximum if the consumer is allowed to cancel this extended agreement by the end of the extension with a notice term of one month as a maximum.
6. An agreement that was entered into for a definite period of time and that is aimed at the regular supply of products or services may only be tacitly extended for an indefinite term if the consumer is allowed to cancel this extended agreement at any time with a notice term of one month as a maximum. The notice term is three months as a maximum if the agreement is aimed at the regular supply (be it less than once a month) of dailies, newspapers, weeklies and magazines.
7. An agreement for a definite period of time for the regular supply of dailies, newspapers, weeklies and magazines by way of introduction (trial or introduction subscriptions) is not tacitly continued and ends automatically at the end of the trial or introduction period.
Duration:
8. If an agreement has the duration of more than one year, the consumer may rescind the agreement at any time after one year, with a notice term of one month at a maximum, unless there are reasonable and fair grounds that oppose cancellation prior to the end of the period agreed.
Section 15 – Payment
1. Unless stipulated otherwise in the agreement or additional conditions, amounts due by the consumer shall be paid within 14 days from the date on which the cooling-off period takes effect or, if there is no cooling-off period, within 14 days from the day on which the agreement is concluded. In the event of an agreement for the provision of a service, this term commences on the day after which the consumer has received the confirmation of the agreement.
2. For the sale of products to consumers, general conditions may never compel consumers to pay more than 50% in advance. If advance payment is required, the consumer cannot exercise any right in relation to the execution of the relevant order or service(s) before the required advance payment has taken place.
3. The consumer is under the obligation to immediately report to the entrepreneur any incorrectness in payment details provided or stated.
4. If the consumer does not meet his/her payment obligation(s) in time, the consumer - after the entrepreneur has pointed out the overdue payment and has granted to the consumer a 14 days' period to meet his/her payment obligations as yet and after payment was not made within this 14 days' period - owes legal interest on the amount due and the entrepreneur is entitled to charge extrajudicial collection costs incurred by him to the consumer. Such collection costs are bound to the following maximal amounts: 15% on outstanding amounts up to € 2,500; 10% on the consecutive amount of € 2,500 and 5% on the consecutive amount of € 5,000, with a minimum of € 40. To the benefit of the consumer, the entrepreneur may stray from the amounts and percentages stated.
Section 16 – Handling of complaints
1. The entrepreneur has a duly communicated complaint procedure in place and shall handle any claims in keeping with this procedure.
2. Any complaints about the execution of the agreement must be reported to the entrepreneur through a complete and clear description within a reasonable time after the moment when the consumer has established the shortcomings.
3. Claims filed with the entrepreneur shall be answered within a 14 days' period, calculated from the date of receipt. If a complaint requires a foreseeable longer handling time, the entrepreneur shall reply within the 14 days' period by sending a note of receipt as well as an indication about the time when the consumer may expect a more elaborate reply.
4. If the claim cannot be resolved by mutual consent within a reasonable term, or within 3 months from the date of filing, a dispute arises that falls within the dispute handling arrangement.
Section 17 – Disputes
Dutch law shall apply exclusively to agreements between the entrepreneur and the consumer to which these General Conditions are applicable.
Section 18 – Additional or deviating stipulations
Any additional stipulations or provisions that deviate from these General Conditions must not be to the detriment of the consumer and shall be laid down in writing or in such a manner that they can be stored by the consumer on a sustainable data carrier with appropriate accessibility.