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GENERAL TERMS AND CONDITIONS OF SALE
Article 1 - Definitions
For the purposes of these general terms and conditions, the following definitions apply:
1 - Trader: the natural or legal person offering products and/or services to consumers via distance selling.
2 - Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader.
3 - Distance contract: a contract concluded within the framework of a distance selling system for products and/or services organized by the trader, whereby, up to and including the time the contract is concluded, exclusive use is made of one or more means of distance communication.
4 - Means of distance communication: a method that can be used to conclude a contract without the consumer and the trader being present in the same room.
5 - Cooling-off period: the period during which the consumer may exercise their right of withdrawal.
6 - Right of withdrawal: the consumer's option to cancel the distance contract during the cooling-off period.
7 - Day: calendar day.
8 - Transaction involving successive performance: a distance contract concerning a series of products and/or services where the obligation to deliver and/or purchase is spread over time.
9 - Durable medium: any instrument that enables the consumer or the trader to store information addressed personally to them in a way that allows for future consultation and the reproduction of the stored information unchanged. Article 2 – Merchant Identity
SPIRIDIS (trade name)
Registered office:
Rue du Chateau, 270
6150 Anderlues
Belgium
Telephone number: +32 (0)492 99 68 96
Email address: info@spiridis.be
VAT identification number: BE0764.240.135
Article 3 – Scope of Application
1 - These General Terms and Conditions apply to any offer made by the merchant and to any distance contract concluded between the merchant 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 proves reasonably impossible, it shall be indicated, prior to the conclusion of the distance contract, that these General Terms and Conditions can be consulted at the merchant’s premises and that, upon the consumer's request, they will be sent to the consumer free of charge and as soon as possible.
3 - If the distance contract is concluded electronically, the text of these General Terms and Conditions may—notwithstanding the provisions of the preceding paragraph and prior to the conclusion of the distance contract—be made available to the consumer electronically in such a way that the consumer can easily save them on a durable medium. If this proves reasonably impossible, it shall be indicated, prior to the conclusion of the distance contract, where these General Terms and Conditions can be accessed electronically and that, upon the consumer's request, said conditions can be sent to the consumer free of charge electronically or by any other means.
4 - In the event that specific conditions relating to products or services apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply by analogy; in the event of conflicting terms, the consumer may always rely on the applicable provision that is most favorable to them.
Article 4 – The Offer
1 - If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2 - The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these must be a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the trader.
3 - Every offer contains information presented in such a way that the consumer clearly understands the rights and obligations associated with accepting the offer. This includes, in particular:
a. the price, including all taxes.
b. any delivery costs.
c. the manner in which the contract will be concluded and the actions required for this purpose.
d. whether or not the right of withdrawal applies.
e. the method of payment, delivery, or performance of the contract.
f. the period for accepting the offer or the period during which the price remains valid.
g. the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the standard rate.
h. if the contract is archived after conclusion, the manner in which the consumer can access it.
i. the manner in which the consumer can identify errors they did not intend to make before concluding the contract, as well as the manner in which they can correct them before the contract is concluded.
j. any languages other than French in which the contract may be concluded.
k. the codes of conduct the trader has committed to observing and the manner in which the consumer can consult these codes of conduct electronically.
l. ...of the minimum duration of the distance contract in the case of a contract covering the continuous or periodic delivery or provision of products or services.
Article 5 - The Contract
1 - The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and agrees to fulfill the conditions attached thereto.
2 - If the consumer has accepted the offer electronically, the trader shall immediately acknowledge receipt of the acceptance of the offer electronically. Until receipt of this acceptance has been confirmed, the consumer may terminate the contract.
3 - If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure the provision of a secure internet environment. If the consumer pays electronically, the trader shall ensure that appropriate security measures are taken for this purpose.
4 - The trader shall provide the consumer, together with the product or service, with the following information, in writing or in a manner accessible to the consumer and capable of being stored on a durable medium:
a. the physical address of the trader’s establishment where the consumer may lodge complaints.
b. the conditions under which the consumer may exercise the right of withdrawal and the manner in which the consumer may do so, or a clear statement informing the consumer of the exclusion of the right of withdrawal.
c. information regarding existing after-sales service and guarantees.
d. the information referred to in Article 4, paragraph 3 of these General Terms and Conditions, unless the trader has already provided this information to the consumer prior to the performance of the contract.
e. the conditions for terminating the contract if the contract has a duration exceeding one year or is of indefinite duration. 5 - If the trader has undertaken to deliver a series of products or services, the provisions of the preceding paragraph apply only to the first delivery.
Article 6a - Right of withdrawal for product deliveries
1 - When purchasing products, the consumer has the right to terminate the contract without giving a reason within a period of fourteen days. This period commences on the day the product is received by the consumer or on their behalf.
2 - During this period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine whether or not they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product and all accessories delivered with it to the trader—in their original condition and packaging, insofar as reasonably possible—in accordance with the clear and appropriate instructions provided by the trader.
Article 6b - Right of withdrawal for the provision of services
1 - When services are provided, the consumer has the right to terminate the contract without giving a reason within a period of fourteen days. This period commences on the day the contract is concluded.
2 - To exercise their right of withdrawal, the consumer shall follow the clear and reasonable instructions provided by the trader for this purpose at the time of the offer and/or, at the latest, at the time the service is provided.
Article 7 – Costs in the event of withdrawal
1 - If the consumer exercises their right of withdrawal, they shall bear the costs, which shall not exceed the cost of return shipment.
2 - If the consumer has made a payment, the trader shall refund this amount as soon as possible and, at the latest, within 30 days following the return shipment or the withdrawal. Article 8 – Exclusion of the right of withdrawal
1 - If the consumer does not have a right of withdrawal, the trader may exclude this right only if this has been clearly stated in the offer, and at the very least prior to the conclusion of the contract.
2 - Exclusion of the right of withdrawal is possible only for products:
a. made by the trader in accordance with the consumer’s specifications.
b. that are clearly personal in nature.
c. that, by reason of their nature, cannot be returned.
d. that are liable to deteriorate or expire rapidly.
e. the price of which is dependent on fluctuations in the financial market over which the trader has no control.
f. for newspapers and periodicals sold as individual issues.
g. for audio and video recordings and computer software where the consumer has broken the seal.
3 - Exclusion of the right of withdrawal is possible only for services:
a. involving accommodation, transport, catering, or leisure activities for which a specific date or period has been agreed.
c. where performance has begun with the consumer’s express consent before the cooling-off period has expired.
d. involving betting and lottery games.
Article 9 – 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 - Notwithstanding the provisions of the preceding paragraph, the trader may offer products or services at variable prices where the price is dependent on fluctuations in the financial market over which the trader has no control. This exposure to market fluctuations and the fact that any prices mentioned are merely indicative shall be stated in the offer. 3 - Price increases within three months of the contract's formation are permitted only if they result from statutory requirements or legal provisions.
4 - Price increases occurring within three months of the contract's formation are permitted only if the trader has stipulated them and:
a. they result from statutory requirements or legal provisions.
b. the consumer has the right to terminate the contract on the day the price increase takes effect.
5 - Prices in the offer of products or services are stated exclusive of VAT.
Article 10 – Conformity and warranty
1 - The trader undertakes to ensure that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements regarding quality and/or usability, and the legal provisions and/or government regulations in force at the time the contract is concluded.
2 - Any warranty arrangement offered by the trader, manufacturer, or importer does not affect the rights and claims the consumer may assert against the trader under the law and/or the distance contract regarding any failure by the trader to fulfill their obligations.
Article 11 – Delivery and execution
1 - The trader shall exercise the utmost care when receiving and executing product orders and when assessing requests for the provision of services.
2 - The place of delivery is deemed to be the address that the consumer has communicated to the trader.
3 - Subject to the provisions of Article 4 of these General Terms and Conditions, the company shall execute accepted orders expeditiously and no later than within 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer shall be informed no later than one month after placing the order. In such cases, the consumer has the right to terminate the contract and request an equivalent product or claim compensation.
4 - In the event of termination pursuant to the preceding paragraph, the trader shall refund the amount paid by the consumer as soon as possible and no later than within 30 days of the termination.
5 - If the delivery of an ordered product proves impossible, the trader shall endeavor to make a replacement item available. It shall be clearly and understandably stated, no later than at the time of delivery, that a replacement product will be supplied. The consumer may return a replacement item. The right of withdrawal cannot be excluded in the case of replacement items. Return costs are borne by the trader.
6 - Unless expressly agreed otherwise, the risk of damage to and/or loss of the products is borne by the trader until the moment the products are delivered to the consumer.
Article 12 – Continuing performance contracts
1 - The consumer may terminate a contract concluded for an indefinite period at any time, subject to the agreed termination rules and a notice period of no more than one month.
2 - A contract concluded for a definite period has a maximum duration of two years.
If it has been agreed that the distance sales contract will be extended unless the consumer objects to such extension, the contract shall continue as a contract of indefinite duration, and the notice period following the extension shall be no more than one month.
Article 13 - Payment
1 - Payment is due within fourteen days of delivery of the goods or, in the case of a service contract, within 14 days of receipt of the documents relating thereto. In the sale of products to consumers, partial or full prepayment may be stipulated in the general terms and conditions (right of withdrawal). If prepayment is accepted, the consumer may not assert any rights regarding the execution of the order or service(s) until the prepayment has been made. The consumer is obliged to notify the trader immediately of any inaccuracies in the payment details provided or in the specifications. In the event of non-payment by the consumer, the contractor—subject to legal restrictions—has the right to charge reasonable costs that had previously been specified to the consumer.
Article 14 – Handling of complaints
1 - The merchant has a complaint handling procedure in place, which is duly published, and handles all complaints in accordance with said procedure.
2 - Complaints regarding the performance of the contract must be submitted to the merchant within a reasonable timeframe and described fully and clearly once the consumer has discovered the defects.
3 - Complaints submitted to the merchant will be answered as soon as possible and no later than 14 days from the date of receipt. If a complaint requires a longer processing time than anticipated, the merchant will send a response within 14 days acknowledging receipt and indicating when the consumer can expect a more detailed reply.
4 - A complaint regarding a product or service from the merchant may also be submitted via the contact form or by email to info@befx.be.
5 - If the complaint cannot be resolved by mutual agreement, a dispute arises which may be subject to dispute resolution procedures.
Article 15 - Identity theft and credit card fraud
1 - Regarding identity theft and credit card fraud: to ensure the security of your online visit, SPIRIDIS works exclusively with recognized online security partners. The risk of loss or theft of identity data is thus minimized. SPIRIDIS takes all possible precautions and acts as an online intermediary, exercising the necessary care and diligence of a prudent party. Consequently, claims regarding identity theft or financial theft cannot be raised against SPIRIDIS.
SPIRIDIS address:
Rue du Chateau, 270
6150 Anderlues
Belgium