General Terms and Conditions
We are CRE@MD.
Graaf H. Goethalslaan 29
9840 De Pinte
Article 1 - Definitions
Additional agreement in these terms and conditions is to mean:
- an agreement by which the consumer acquires products, digital content and/or services in connection with a distant agreement and these matters, digital content and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and entrepreneur;
- Respite in these terms and conditions is to mean: the term during which the consumer may use his/her revocation right;
- Consumer in these terms and conditions are to mean: the natural person who does not act for objectives connected to his/her trading, company, craft or professional activity;
- Day in these terms and conditions is to mean: calendar day;
- Digital content in these terms and conditions is to mean: details published and delivered in digital form;
- Continuing performance agreement in these terms and conditions is to mean: an agreement that aims at regular supply of matters, services and/or digital content during a certain period;
- Sustainable data carrier in these terms and conditions is to mean: any aid - including e-mail - that enables the consumer or entrepreneur to save the information directed personally to him/her in a way that enables future reference or use during a period aimed at the objective for which the information is intended and which enables the unaltered reproduction of the saved information;
- Revocation right in these terms and conditions is to mean: the consumer's opportunity to waive the distant agreement within the respite time;
- Entrepreneur in these terms and conditions is to mean: the natural or legal person offering remote sales of products, (access to) digital content and/or services;
- Distant Agreement in these terms and conditions are to mean: an agreement entered into between entrepreneur and consumer in view of an organised system for remote sales of products, digital content and/or services, where up to and until the agreement is entered into one or more means for remote communication are exclusively or also used;
- Model form for revocation in these terms and conditions is to mean: the European model form for revocation recorded in Appendix I of these terms and conditions. Appendix I does not have to be made available if the consumer does not have a revocation right at the time of his/her order;
- Means of communication at a distance in these terms and conditions is to mean: a means that can be used for entering into an agreement, without the consumer and entrepreneur being required to be in the same room at the same time.
Article 2 - Identity of the entrepreneur
CRE@MD acting under the names: ba-sil.be, ba-sil.eu, ba-sil.nl, ba-sil.com
Graaf H. Goethalslaan 29
9840 De Pinte
E-mail address: email@example.com
Company number: BE 0863 891 403
Article 3 - Applicability
- These general terms and conditions apply to any offer by the entrepreneur and any distant agreement entered into between entrepreneur and consumer./li>
- Before the distant agreement is entered into, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, entrepreneur will indicate in which way the general terms and conditions can be consulted at entrepreneur and that these will be sent to consumer as soon as possible and at no cost before the agreement is entered into.
- If the distant agreement has been entered into electronically, the text of these general terms and conditions can be made available to the consumer via electronic means in such a way that these can be easily saved on a sustainable data carrier - in deviation of the previous paragraph and before the agreement is entered into. If this is not reasonably possible, it will be indicated, before the distant agreement is entered into, where the general terms and conditions can be consulted via electronic means and that they can be sent to the consumer via electronic means at the request of consumer, free of charge.
- In the event that next to these general terms and conditions also specific product or service terms and conditions should apply, the second and third paragraph shall apply accordingly and the consumer may, in the event of contradictory terms and conditions, always rely on the applicable provision most beneficial to him/her.
Article 4 - The offer
- IIf an offer has a limited validity period or is done under terms and conditions, this will be explicitly mentioned in the offer.
- The offer contains a full and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable a good assessment of the offer by the consumer . If entrepreneur uses images, these will be a true reflection of the offered products, services and/or digital content. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what his rights and duties which are bound to accepting the offer, are.
Article 5 - The agreement
- The agreement, subject to the provisions in paragraph 4, will be entered into at the moment the consumer has accepted the offer and the terms and conditions that go with it.
- If the consumer has accepted the offer via electronic means, entrepreneur will immediately confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of this acceptance has not been confirmed by entrepreneur, the consumer can terminate the agreement.
- If the agreement is entered into electronically, entrepreneur will take fitting, technical and organisational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, entrepreneur will abide by the safety measures befitted to it.
- Entrepreneur may - within the legal frame - inform of the consumer has complied with his payment obligations, as well as of all those facts and factors of importance for a sensible conclusion of the agreement. If, based on this research, entrepreneur has valid grounds to not enter into the agreement, he is entitled to refuse an order or application or to impose special conditions to the performance thereof, this has to be substantiated.
- Entrepreneur will, no later than at delivery of the product, service or digital content, send the following information, in writing or in such a way that this can be saved by the consumer in an accessible way on a sustainable data carrier:
- the address of entrepreneur's branch where the consumer can turn to in writing in the event of complaints;
- the terms and conditions and the way in which the consumer can use the revocation right, or a clear notification related to the revocation right being excluded;
- the information about warranties and after-sales service;
- dthe price, including all taxes of the product, service or digital content; insofar as applicable the delivery costs; and the manner of payment ,delivery or performance of the distant agreement;
- the requirements for termination of the agreement if the agreement has a duration or more than a year or an indefinite period of time;
- if the consumer has a revocation right, the model form for revocation. In the event of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Revocation right
- If the consumer uses his revocation right, he will notify entrepreneur within the respite of 14 days after receipt of the products and via the model form of revocation or in any other unambiguous way.
- As soon as possible, but within 14 days following the notification referred to in paragraph 1, the consumer will send the product back, or will hand it over to (a representative of) entrepreneur. The consumer has at least abided by the return term when he sends the product back before the respite has elapsed.
- Only unopened products are eligible.
- The consumer sends the product back with all supplied accessories, in its original state and packaging, and according to the reasonable and clear instruction of entrepreneur.
- The risk and burden of proof for correct and timely performance of the revocation right lies with the consumer.
- The consumer will bear the direct costs of returning the product.
Article 7 - The price
- During the validity terms referred to in the offer, the prices of the products and/or services offered will not be raised, subject to price changes as a result of changes in VAT-rates.
- In deviation of the previous paragraph, entrepreneur can offer products or services which prices are bound to fluctuations at the financial market and which are beyond control of entrepreneur, at variable prices. This link to fluctuations and the fact that any prices mentioned are guide prices, will be mentioned with the offer.
- Price raises within 3 months after the conclusion of the agreement are only allowed if they result from statutory regulations or provisions.
- Price increases 3 months after the conclusion of the agreement are only allowed if entrepreneur has stipulated this and:
- these are the result of legal regulations or provisions; ou
- if the consumer has the authority to cancel the agreement starting the day the price increase takes effect.
- The prices mentioned in the offer of products or services are inclusive of VAT, unless otherwise specified.
Article 8 - Fulfillment of agreement
- Entrepreneur warrants that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonably requirements of soundness and/or usability and statutory provisions and/or government regulations applicable on the date of the conclusion of the agreement.
Article 9 - Delivery and performance
- Entrepreneur will exercise the due care when accepting and performing orders of products and when assessing the applications for service provision.
- Place of delivery is the address that the consumer has made known to entrepreneur.
- With due observance to the stipulations in article 4 of these general terms and conditions, entrepreneur will perform accepted orders with appropriate haste, but no later than within 30 days, unless a different delivery term has been agreed upon. With due observance to the provisions in article 4 of these general terms and conditions, entrepreneur will perform accepted orders with appropriate haste but no later than within 30 days, unless a different deliver term has been agreed upon. If delivery experiences delay or if an order cannot or only partly be performed, the consumer will receive notification thereof no later than 30 days after he has placed the order. In that case the consumer has the right to terminate the agreement free of charge.
- After termination in accordance with the previous paragraph, entrepreneur will immediately reimburse the amount the consumer has paid.
- The risk of damages or missing of products lies with the entrepreneur until the moment of delivery to consumer or a representative designated in advance and made known to entrepreneur, unless explicitly otherwise agreed upon.
Article 10 - Continuing performance contracts: duration, termination and extension
- The consumer can terminate an agreement entered into for an indefinite period of time and which aim with observance of the termination rules agreed to that end and a notice period of no more than one month.
- The consumer can at all times terminate an agreement entered into for a definite period of time and which aims is regular delivery of products or services, at the end of the month, with observance to the termination rules agreed upon to that end and a notice period of no more than a month.
- The consumer can at all times terminate the agreements referred to in the previous paragraphs
- and not be limited by termination at a certain time or within a certain period
- if he at least terminates in the same way as he concluded them;
- always terminates with the same notice period as the entrepreneur has stipulated for himself
- An agreement entered into for a limited period of time and with the aim to regularly deliver products or services, may not be ot be tacitly renewed or renewed for a limited period of time.
- In deviation of the previous paragraph, an agreement, entered into for a limited period of time and which aims to regularly deliver newspapers and magazines, may be tacitly renewed for a limited period of time of a maximum of three months, if the consumer is able to terminate this extended agreement at the end of the extension with a notice period of no more than a month.
- An agreement entered into for a limited period of time and which aims to regularly deliver products or services may only be tacitly renewed for an indefinite period of time if the consumer is able to terminate at all times with a notice period of no more than one month. The notice period is no more than three months in the event that the agreement aims to regularly, but fewer than once a month, deliver newspapers and magazines.
- An agreement for a limited period of time for regularly delivering newspapers and magazines for introductory purposes (trial and introductory subscription) will not be tacitly renewed and will automatically end at the end of the trial or introductory period.
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at all times after that year with a notice period of no more than one month, unless reasonableness and fairness resist termination before the end of the agreed upon duration.
Article 11 - Payment
- When acquiring goods, the purchase amount is paid in advance. In the case of an agreement for provision of a service, this term commences on the day after the consumer has received the confirmation of the agreement.
- In the case of pre-payment, the consumer can exercise no right whatsoever regarding the performance of the relevant order or service(s), before the stipulated prepayment has taken place.
- The consumer is obligated to immediately notify the entrepreneur of any irregularities in provided or mentioned payment details.
- If the consumer does not comply with his payment obligation(s) in time, he owes statutory interest, after the absence of payment within this 14-day term, he owes statutory interest over the amount to be paid and entrepreneur is entitled to charge him all extrajudicial collection cost made by entrepreneur. These collection costs are a maximum of: 15% on outstanding sums up to 2,500 Euros; 10% on the next 2,500 Euros, and 5% on the following 5,000 Euros with a minimum of 40 Euros. Entrepreneur can deviate from mentioned amounts and percentages to the benefit of the consumer.
Article 12 - Complaints and disputes
- Entrepreneur has a complaints procedure sufficiently made known, and will handle the complaint in accordance with this complaints procedure. Entrepreneur will do everything he can to handle the complaint within 7 days after its reception.
- Only Belgian law applies to all agreement between entrepreneur and consumer to which these general terms and conditions relate. Any dispute will be settled by the competent Belgian court. If, for reasons of international law, a different law should apply, the interpretation of the current general terms and conditions will be firstly understood under the Belgische Wet Marktpraktijken en Consumentenbescherming.
- In the event of extra-judicial schemes, the Consumer Ombudsman of the FOD Economie is authorized to receive any application for extra-judicial schemes of consumer disputes.S/he will in turn handle the application himself/herself or refer it to a qualified entity. The Consumer Ombuds service can be reached via this link: http://www.consumentenombusdienst.be/
- In the event of disputes of a transnational nature, the consumer can also appeal to the Online Dispute Resolution platform of the European Union via this link: http://ec.europa.eu/odr
Article 13 - Additional or deviating provisions
Provisions in addition to or deviating from these general terms and conditions may not be to the disadvantage of the consumer and should be recorded in writing or in such a way that these can be saved in an accessible way on a sustainable data carrier by the consumer. "