General Terms and Conditions of PrintPlace BVBA, located at Leuvensesteenweg 126, 1830 Machelen, Belgium. Version is valid starting from 01/01/2016.
Article 1 - Definitions
In these conditions the following definitions shall apply:
- Supplementary Agreement: an agreement whereby the Consumer receives products, digital content and/or services partly in connection with a distance contract and this business, digital content and/or services supplied by the Entrepreneur or by a third party on the basis of an agreement between the third party and the Entrepreneur;
- Period of Reflection: the period during which the Consumer can make use of its Right of Withdrawal;
- Consumer: the natural person who is acting for purposes which are not related to his trade, business, crafts or professional activity;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Duration agreement:an agreement which applies to the regular supply of business, services and/or digital contents during a certain period;
- Durable Medium: each auxiliary - including e-mail - that the Consumer or Entrepreneur can use to store information, which is directed to him/her personally, in a way that allows for future consultation or use for a period which is suited to the purpose for which the information is intended, and unaltered reproduction of that information;
- Right of Withdrawal: the possibility of the Consumer within the Period of Reflection to refrain from the distance contract;
- Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to Consumers at a distance;
- Distance contract: a contract between the Entrepreneur and the Consumer which is concluded within the framework of an organized distance sales of products, digital content and/or services, where up to and including the conclusion of the agreement only or shared use is made of one or more means of distance communication;
- Model form for revocation: the in Annex I included European model form for revocation;
- Means of distance communication: tool that can be used for the conclusion of an agreement without that Consumer and Entrepreneur at the same time and in the same space need to came together.
Article 2 - Identity of the Entrepreneur
Telephone number: 0477472528
E-mail address: firstname.lastname@example.org
KvK number: 0648702742
VAT identification number: BE0648702742
Article 3 - Applicability
- These general conditions apply to every offer of the Entrepreneur and any agreement reached at a distance between the Entrepreneur and the Consumer.
- Before the distance contract is concluded, the text of these general conditions will be made available to the Consumer. If this is not reasonably possible, the Entrepreneur shall indicate, before concluding the distance contract, how the general conditions can be accessed at the request of the Consumer.
- If the distance contract is concluded electronically, by way of derogation from the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions shall be made available to the Consumer electronically and in such a way that the Consumer can simply store them on a durable medium. If this is not reasonably possible, the Entrepreneur shall indicated, before concluding the distance contract, where the general conditions can be downloaded in electronic form and this at the request of the Consumer.
- When specific product or service conditions apply in addition to these general conditions, the second and third paragraph shall apply. In case of conflicting terms, the Consumer shall always rely on the applicable provision which is most favorable.
Article 4 - The Offer
- If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer includes a complete and accurate description of the products, digital content and/or services. The description is sufficiently detailed to allow for a proper assessment of the offer by the Consumer. If the Entrepreneur makes use of images, these will be a true representation of the products, services and/or digital content. Obvious mistakes or obvious errors in the offer are not binding.
- Each offer contains information to allow the Customer to understand the rights and obligations, which are attached to the acceptance of the offer.
Article 5 - The Contract
- The agreement is subject to the provisions of paragraph 4 and is concluded when the Consumer accepts the offer and meets the corresponding conditions.
- If the Consumer has accepted offer electronically, the Entrepreneur will immediately confirm receipt of electronic acceptance of the offer. Until this acceptance has not been confirmed by the Entrepreneur, the Consumer may repudiate the contract.
- If the agreement is created 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 take appropriate safety precautions.
- The Entrepreneur will inform the Consumers of their payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the Entrepreneur has sufficient and good reason not to agree on the contract, he is entitled to refuse the order or to attach special conditions to the order.
- Not later than delivery of the product, service or digital conten, the Entrepreneur shall send the following information to the Customer in writing or in such a way that the Consumer this information in an accessible manner or can store it on a durable medium:
- The address of the establishment of the Entrepreneur to which the Consumer may address any complaints;
- The conditions under which the Consumer may use the Right of Withdrawal and a clear message when the Right of Withdrawal is excluded;
- Information about guarantees and customer service;
- The price of the product, service or digital content including tax of the product; where applicable the cost of delivery and the method of payment, delivery or performance of the distance contract;
- The requirements for termination of the contract if the contract has a duration of more than one year or when it is indefinite;
- If the Consumer has a Right of Withdrawal, the model form for withdrawal.
- In the case of a duration agreement, the provision in the preceding paragraph shall apply only to the first delivery.
Artikel 6 - Copyrights on Designs, Disclaimer of Liability
- If the customer provides his/her own motive or design, or influences the product otherwise (personalization), the customer assures Printplace BVBA that no third party rights are resting on the motive or the design. Any infringements of copyright, personal rights or trade rights will be fully accounted for by the customer. The customer also assures that by individualization of the product does not infringe on other rights of third parties.
- The customer will indemnify Printplace BVBA all claims of infringement of such rights of third parties, provided that the customer shall be responsible for the breach of duty. The customer will reimburse Printplace BVBA any related costs or other damages.
Article 7 - Right of Withdrawal
- The Consumer may cancel the agreement with regard to the purchase of a product during a period of 14 days without giving any reasons dissolve. The Entrepreneur may ask the Consumer the reason for the revocation, but he cannot oblige the Customer to detail the reason.
- The reflection period mentioned in paragraph 1 commences on the day after the product has been received by the Consumer or a by the Customer in advance designated third party, who is not the carrier, or:
- When the Consumer has ordered multiple products within the same order: the day on which the Consumer, or a third party designated by him, has received the final product. The Entrepreneur may refuse an order for several products with a different delivery time, provided that has clearly informed the Customer prior to the ordering process.
- When the supply of a product consists of various consignments or parts: the day on which the Consumer, or a third party designated by him, has received the last consignment or the last part;
- In the case of agreements for 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.
For services and digital content which is not stored on a physical medium:
- The Consumer can dissolve a service agreement and an agreement for delivery of digital content which is not stored on a physical medium for a period of at least 14 days without giving any reasons. The Entrepreneur may ask the Consumer the reason for the revocation, but he cannot oblige the Customer to detail the reason.
- The reflection mentioned in paragraph 3 commences on the day following the conclusion of the agreement.
Extended Period of Reflection for products, services and digital content which is not stored on a physical medium is supplied when there is no information available about the Right of Withdrawal:
- If the Entrepreneur has not supplied the Consumer with the legally required information about the Right of Withdrawal nor with the model form for revocation, the Period of Reflection is extended to twelve months after the end of the original, in accordance with the previous paragraphs of this Article.
- If the Entrepreneur has provided the Consumer with the information, referred to in the previous paragraph, within 12 months after the starting date of the original Period of Reflection, the Period of Reflection will expire 14 days after the day when the Consumer has received the information.
Article 8 - Obligations of the Consumer during the Period of Reflection
- During the Period of Reflection, the Consumer will handle the product and packaging. He will be the only to unpack the product or to use it to the extent necessary to implement the nature, characteristics and operation of the product. The reference here is that Consumer may only inspect and use the product as he would do so in a physical shop.
- The Consumer is liable for any reduction in the value of the product which is the result of a way of dealing with the product which goes further than allowed in paragraph 1.
- The Consumer is not liable for any reduction in the value of the product if the Entrepreneur has not provided all the legally required information about the Right of Withdrawal at the time of the conclusion of the agreement.
Article 9 - Exercise of the Right of Withdrawal by the Consumer and the Cost
- If the Consumer exercises his Right of Withdrawal, he shall log this unequivocally to the Entrepreneur during the Period of Reflection by means of the model form for revocation.
- As soon as possible but within 14 days from the day following the notification referred to in paragraph 1, the Consumer shall send the product back to the Entrepreneur or give this to (an agent of) the Entrepreneur. This isn’t necessary if the Entrepreneur has offered to get the product himself. The Customer has respected the return period if he sends the product back before expiry of the Period of Reflection.
- The Consumer shall return the product with all the delivered accessories, where reasonably possible in original condition and packaging, and according to the information provided by the Entrepreneur.
- The risk and the burden of proof for the proper and timely exercise of the Right of Withdrawal is located at the Consumer.
- The Consumer shall bear the direct costs of the return of the product. If the Entrepreneur hasn’t reported that the Consumer has to bear these costs or if the Entrepreneur indicates to contribute these costs himself, the Consumer doesn’t need to bear the costs for return.
- If the Consumer cancels after having expressly asked for the provision of the service or the supply of gas, water or electricity in a limited volume or certain quantity, which is not readily made for sale and which commences during this period, the Consumer has to pay the Entrepreneur a sum proportional to that part of the undertaking which is fulfilled by the Entrepreneur at the time of the revocation, compared with the full compliance of the undertaking.
- The Consumer does not bear any costs for the implementation of services or the supply of water, gas or electricity, which are not readily made for sale in a limited volume or quantity, or to the supply of heating, if:
- The Entrepreneur has not supplied the Consumer the legally required information about the Right of Withdrawal, the reimbursement of costs in the event of revocation or the model form for revocation;
- the Consumer has not expressly asked for the supply of gas, water, electricity or heating during the Period of Reflection.
- The Consumer does not bear any costs for the full or partial delivery of digital content which is not stored on a physical medium, if:
- The Consumer prior to the delivery did not expressly agree with the start of the performance of the contract before the end of the Period of Reflection;
- The Consumer hasn’t accepted to lose his Right of Withdrawal while granting consent; or
- The Entrepreneur has failed to confirm this declaration of the Consumer.
- If the Consumer exercises his Right of Withdrawal, all additional agreements will be dissolved by right.
Article 10 - Obligations of the Entrepreneur in case of Withdrawal
- If the Entrepreneur makes it possible for the Consumer to send the notification of withdrawal by electronic means, he shall send a confirmation after receipt of this notification.
- The Entrepreneur will refund all payments of the Consumer, including any delivery costs incurred by the Entrepreneur for returning the product, within 14 days following the day when the Consumer notifies him about the revocation . Unless the Entrepreneur is offering to collect the product himself, he may wait with repayment until he has received the product or sufficient proof of the Consumer that he has returned the product, depending on what will be earlier.
- The Entrepreneur shall use the same means for reimbursement that the Consumer has used, unless the Consumer agrees with another method. The reimbursement is free of charge for the Consumer.
- If the Consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the Entrepreneur is not required to refund the additional costs for the more expensive method.
Article 11 - Exclusion from the Right of Withdrawal
The Entrepreneur may exclude products and services of the Right of Withdrawal, but only if the Entrepreneur has clearly stated this in the offer, at least at the time of the conclusion of the agreement:
- Products or services of which the price on fluctuations in the financial market on which the Entrepreneur has no influence and which may occur within the Period of Withdrawal;
- Agreements concluded during a public auction. Under a public auction shall be meant a sales method in which digital content products and/or services are offered by the Entrepreneur to the Consumer who is personally present or who has the opportunity to be personally present at the auction under the leadership of an auctioneer and where the successful bidder is obliged to buy the products, services and/or digital content;
- Services Agreements, after full implementation of the service, but only if:
- The performance has begun with the explicit prior consent of the Consumer; and
- the Consumer has declared that he loses his Right of Withdrawal as soon as the Entrepreneur has carried out the full agreement;
- Package travel and contracts of carriage of persons;
- Services Agreements for the provision of accommodation, when the agreement contains a certain date or period of implementation and when the purpose differs from residential purposes, goods transport, car hire services and catering;
- Agreements with regard to leisure, if the agreement contains a certain date or period of implementation;
- When products are manufactured according to the specifications of the Consumer, when products are not prefabricated and when products are manufactured on the basis of an individual choice or decision by the Consumer, or when the product is clearly intended for a specific person;
- Products which are perishable or have a limited shelf life;
- Sealed products that are not suitable to be returned for reasons of protection of health or hygiene and of which the sealing is lost after delivery;
- Products which are irrevocably mixed with other products after delivery;
- Alcoholic beverages, the price of which is agreed at the time of the conclusion of the agreement, but whose supply can only take place after 30 days, and on which the actual value is dependent on fluctuations in the market on which the Entrepreneur has no influence;
- Sealed audio or video recordings or computer software which were unsealed after delivery;
- Newspapers, magazines or magazines, with the exception of subscriptions;
- The supply of digital content when it is not stored on a physical medium, but only if:
- The performance has begun with the explicit prior consent of the Consumer; and
- the Consumer has declared that he would lose his Right of Withdrawal.
Article 12 - The Price
- During the period of validity indicated in the offer, the prices of the products and / or services shall not increase, except for price changes due to changes in VAT rates.
- By way of derogation from the preceding paragraph, the business products or services with variable prices or whose prices are subject to fluctuations in the financial market on which the Entrepreneur has no influence. These fluctuations and the fact that any prices are quoted prices shall be stated in the offer.
- Increases in price within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
- Increases in price as from 3 months after the conclusion of the contract are only allowed if the Entrepreneur has stipulated this and if:
- they are the result of statutory regulations or stipulations; or
- the Consumer has the power to terminate this Agreement with effect from the day on which the price increase takes effect.
- The supply of products or services mentioned prices include VAT.
Article 13 - Compliance and Warranty Agreement
- The Entrepreneur guarantees that the products and/or services comply with the contract, the specifications listed in the offer, the reasonable requirements of reliability and/or serviceability and government regulations existing on the date of the conclusion of the agreement. If this is agreed upon, the Entrepreneur guarantees that the product is suitable for another use than the normal use.
- A by the Entrepreneur, his supplier or manufacturer or importer additional warranty will never limit the legal rights and claims that Consumers may make against the Entrepreneur on the basis of the agreement if the Entrepreneur has not been able to fulfill his part of the agreement.
- Under additional guarantee shall be meant any undertaking by the Entrepreneur, his supplier, importer or producer in which certain rights are granted to the Consumer that go beyond what is legally required in case he fails to fulfill his part of the agreement.
Article 14 - Delivery and Implementation
- The Entrepreneur will take the greatest possible care in the execution of orders, when receiving products and when assessing applications for the provision of services.
- The place of delivery is the address that the Consumer has made known to the Entrepreneur.
- Subject to what is stated in Article 4 of these Terms & Conditions, the Entrepreneur accepted orders expeditiously within 30 days, unless a different delivery period is agreed. If delivery is delayed, or if an order is not or only partially carried out, the Consumer receives them no later than 30 days after the order was placed. In this case, the Consumer has the right to terminate the contract without penalty and be entitled to any compensation.
- After dissolution in accordance with the preceding paragraph, the Entrepreneur repays the amount that Consumers paid without delay.
- The risk of damage and / or loss of products rests upon the Entrepreneur up to the moment of delivery to the Consumer or an in advance designated third party, unless expressly agreed otherwise.
Article 15 - Duration Transactions: Duration, Extension and Termination
- The Consumer may cancel a contract for an indefinite period and for the regular delivery of products (including electricity) or services at any time according to the applicable termination rules and a notice of up to one month.
- The Consumer may cancel a contract for a definite period and for the regular delivery of products (including electricity) or services, at any time at the end of the specified duration according to the applicable termination rules and a notice of up to one month.
- The Consumer can cancel the agreements referred to in the preceding paragraphs:
- At any time and not be limited to termination on a given date or within a certain period of time;
- At least in the same way as they have been accepted by him;
- At any time with the same notice period which the Entrepreneur has stipulated for himself.
- A contract for a definite period and for to the regular delivery of products (including electricity) or services may not be extended or implicitly renewed for a certain duration.
- By way of derogation from the preceding paragraph, a contract for a definite period and for the regular delivery of daily news and weekly magazines and journals can be implicitly renewed for a certain duration of up to three months, if the Consumer can cancel this extended agreement at the end of the extension period with a notice of up to one month.
- A contract for a definite period and for the regular delivery of products or services, may only be implicitly renewed for an indefinite period if the Consumer may cancel at any time with a notice of up to one month. The period of notice is not more than three months in the case the agreement is for the regular, but less than once a month, delivery of day-, news and weekly magazines and journals.
- An agreement with limited duration for the regular delivery of day-, news and weekly magazines and journals (Trial or Introduction Subscription) will not implicitly be continued and ends automatically after the end of the Trial or Introduction Period.
- If a contract has a duration of more than a year, the Consumer may cancel the contract after a year at any time with a period of notice of not more than one month, unless termination before the end of the agreed is opposed against the reasonableness and fairness of the agreement.
Article 16 - Payment
- Unless otherwise provided in the agreement or in the additional conditions, the amounts owed by the Consumer are to be paid within fourteen days after the commencement of the Period of Reflection, or in the absence of a Period of Reflection within 14 days after the conclusion of the agreement. In the case of a contract to provide a service, the time limit begins on the day after which the Consumer receives confirmation of the agreement.
- When selling products to Consumers, the Consumer can never be obliged to an advance payment of more than 50%. When the Consumer agrees upon advance payment, the Consumer may not assert any rights regarding the implementation of the order or service(s) before the advance payment has been made.
- The Consumer has the duty to immediately report data or payment inaccuracies to the Entrepreneur.
- If the Consumer does not fulfill its payment obligation in a timely fashion, i.e. after he is informed about the late payment by the Entrepreneur and after the Entrepreneur has awarded the Consumer a period of 14 days to fulfill his payment obligations, following the failure of payment within this 14-days-term, the Consumer owes the Entrepreneur the outstanding amount of the interests payable and extrajudicial collection costs. This collection costs are up to: 15% of outstanding amounts to € 2,500.=; 10% on the subsequent € 2,500.= and 5% on the following € 5.000,= with a minimum of € 40,=. The Entrepreneur may derogate from the amounts and percentages to the benefit of the Consumer.
Article 17 - Settlement of complaints
- The Entrepreneur shall have a sufficiently advertised complaints procedure and shall process the complaint in accordance with this complaints procedure.
- Complaints about the performance of the contract must be done within a reasonable time after the Consumer has established the defects, must be fully and clearly described and must be submitted to the Entrepreneur.
- Complaints submitted to the Entrepreneur will be answered within a period of 14 days counting from the date of receipt. If a complaint takes a foreseeable longer processing time, then the Entrepreneur will respond with an acknowledgement of receipt and an indication when the Consumer can expect a more detailed answer within the period of 14 days.
- If the complaint cannot be solved in joint consultation within a reasonable period or within 3 months after the submission, it creates a dispute that is subject to the settlement of disputes.
Article 18 - Disputes
- To agreements between the Entrepreneur and the Consumer, to which these general terms and conditions apply, are strictly governed by Belgian law.
Article 19 - Additional or different terms
- Additional or different provisions of these terms should not disadvantage the Consumer and should be in written form or in such a way that the Consumer can store these in an accessible manner on a durable medium.
Article 20 - Applicable Law / Competent Court
- The Belgian law applies to all agreements and contracts.
- All differences, coming from an agreement between PrintPlace BVBA and customer, that can't be solved by mutual agreement, will be judged by the competent court of Vilvoorde, Belgium, unless PrintPlace BVBA prefers to trial the difference with the competent court of the residence of the customer, and with the exception of those differences that should be decided by the district judge.
APPENDIX: EUROPEAN MODEL FORM FOR WITHDRAWAL
Download here the European Model Form for Withdrawal.