Terms of Sale

From Conselis and Meubelfinesse.pro

Article 1 Definitions

In these terms and conditions, the following definitions shall apply:

  1. Ancillary Agreement: an agreement whereby the Other Party acquires products and/or services in connection with a distance contract and these items, digital content and/or services are provided by the Entrepreneur or by a third party on the basis of an arrangement between that third party and the Entrepreneur;
  2. Grace period: the period within which the Other Party can exercise its right of withdrawal;
  3. Counterparty: the client or consumer.
  4. Durable data carrier: any device - including e-mail - that enables the Counterparty or Entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
  5. Right of Withdrawal: the Other Party's option to waive the distance contract within the cooling-off period;
  6. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to Counterparties;
  7. Distance contract: a contract concluded between the Entrepreneur and the Other Party under an organized system for distance selling of products, digital content and/or services, where, up to and including the conclusion of the contract, exclusive or joint use is made of one or more techniques for communication at
    distance;

Article 2 Identity of the entrepreneur

These general conditions apply to all agreements and offers of and by Meubelfinesse.pro and/or Conselis, established in Lauwe and registered in the Commercial Register under number BE0785.705.146 (hereinafter referred to as "entrepreneur").

Article 3 Applicability

  1. These general terms and conditions apply to every offer made by the Entrepreneur and to every distance contract concluded between the Entrepreneur and the Other Party.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the Other Party. If this is not reasonably possible, before the distance contract is concluded, the Entrepreneur will indicate in what way the general terms and conditions can be inspected at the Entrepreneur's premises and that they will be sent free of charge to the Other Party as soon as possible upon request.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the Other Party electronically in such a way that it can be easily stored by the Other Party on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded it will be indicated where the general terms and conditions can be inspected electronically and that at the request of the Other Party they will be sent electronically or otherwise free of charge.
  4. In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting terms and conditions, the Other Party may always invoke the applicable provision that is most favorable to it.

Article 4 The offer

  1. An application from the Client is followed by an offer or quotation from the Contractor. If an Order follows an offer or quotation from the Contractor, the Agreement is concluded at the time the Order is sent by the Principal.
  2. If an Assignment is given by the Principal without a prior offer or quotation from the Contractor, the Agreement will be established by the Contractor performing the Assignment in accordance with the Assignment. In that case, the Agreement is concluded at the time that the Commission commences to be executed.
  3. Any subsequent additional agreements or amendments, as well as (verbal) agreements and/or promises made by Customer's personnel or on behalf of Customer by sellers, agents, representatives or other intermediaries, shall bind Customer only if and insofar as they have been confirmed in writing by Customer by authorized persons.
  4. Changes to the Assignment, including expansion or contraction of the work, shall come into effect at the time the change is sent by the Client, unless the Contractor objects to the change in writing, giving reasons, within eight (8) days of its sending.
  5. If drawings, models, specifications, instructions, inspection regulations and the like provided or approved by the Client are used in the performance of the Agreement, they shall form part of the Agreement.
  6. Without the written consent of the Client, the Contractor is not permitted to subcontract its obligations under an Agreement to third parties.

Article 5 Right of withdrawal

  1. The Other Party may dissolve an agreement relating to the purchase of a product during a reflection period of at least 14 days without giving reasons. The Entrepreneur may ask the Other Party about the reason for withdrawal, but may not oblige the Other Party to give his reason(s).
  2. The cooling-off period referred to in paragraph 1 starts the day after the Other Party, or a third party designated in advance by the Other Party, who is not the carrier, has received the product, or:
    • a. if the Other Party ordered multiple products in the same order: the day on which the Other Party, or a third party designated by him, received the last product. The Entrepreneur may, provided he has clearly informed the Other Party about this prior to the ordering process, refuse an order of several products with different delivery times.
    • b. if the delivery of a product consists of several shipments or parts: the day on which the Other Party, or a third party designated by it, received the last shipment or part;
    • c. for agreements for regular delivery of products during a specified period: the day on which the Other Party, or a third party designated by it, received the first product.
  3. The right of withdrawal from Article 6 applies only to consumers. Consumers are natural persons not acting in the name of a profession or business. The
    right of withdrawal also does not apply to custom-made products.

Article 6 Exercise of the right of withdrawal by the Other Party and costs thereof

  1. If the Other Party exercises its right of withdrawal, it shall notify the Entrepreneur within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the Other Party returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product himself. The Other Party has complied with the return period in any case if he returns the product before the reflection period has expired.
  3. The Other Party returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Other Party.
  5. The Other Party shall bear the direct costs of returning the product. If the Entrepreneur has not notified that the Other Party has to bear these costs or if the Entrepreneur indicates to bear the costs himself, the Other Party does not have to bear the costs of return shipment.
  6. If the Other Party revokes after having first expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity commence during the withdrawal period, the Other Party shall owe the Entrepreneur an amount proportionate to that part of the commitment fulfilled by the Entrepreneur at the time of revocation, compared to the full fulfillment of the commitment.
  7. The Other Party shall not bear any costs for the performance of services or the supply of water, gas or electricity, not made ready for sale in a limited volume or quantity, or to supply district heating, if:
    • a. the Entrepreneur has not provided the Other Party with the legally required information on the right of withdrawal, the cost reimbursement upon withdrawal or the model withdrawal form,
    • or;
    • b. the Other Party has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the reflection period.
  8. The Other Party bears no cost for the full or partial delivery of digital content not delivered on a tangible medium if:
    • a. prior to its delivery, he has not expressly consented to the commencement of the performance of the contract before the end of the cooling-off period;
    • b. he has not acknowledged losing his right of withdrawal when giving his consent;
    • or
    • c. the entrepreneur has failed to confirm this declaration by the Other Party.
  9. If the Other Party makes use of its revocation

Article 7 The Price

The price agreed between the Contractor and the Client, as indicated in the Agreement, is fixed and therefore not subject to revision, is expressed in Euros and is exclusive of VAT. The price may be changed only with the Client's written consent.

Article 8 fulfillment of agreement and additional warranty

  1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations that existed on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An additional guarantee provided by the Entrepreneur, its supplier, manufacturer or importer never limits the legal rights and claims that the Other Party can assert against the Entrepreneur on the basis of the agreement if the Entrepreneur has failed to fulfill its part of the agreement.
  3. Additional warranty means any undertaking by the Entrepreneur, its supplier, importer or manufacturer in which it grants the Other Party certain rights or claims beyond what it is legally obliged to do in the event that it has failed to fulfill its part of the agreement.

Article 9 Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the Other Party has made known to the entrepreneur.
  3. Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the Other Party will be informed of this within 30 days after the order was placed. In that case the Other Party has the right to dissolve the agreement without costs and the right to possible damages.
  4. After dissolution in accordance with the previous paragraph, the Entrepreneur will immediately refund the amount paid by the Other Party.
  5. The risk of damage and/or loss of products rests with the Entrepreneur until the moment of delivery to the Other Party or a representative designated in advance and made known to the Entrepreneur, unless expressly agreed otherwise.

Article 10 Payment

  1. Insofar as not otherwise provided for in the agreement or additional terms and conditions, the amounts owed by the Other Party must be paid within 14 days after the start of the reflection period, or, in the absence of a reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the Other Party receives the confirmation of the agreement.
  2. The Other Party has the duty to immediately report inaccuracies in payment information provided or stated to the Entrepreneur.
  3. If the Other Party fails to fulfil his payment obligation(s) on time, he is, after the Entrepreneur has pointed out the late payment to the Other Party and the Entrepreneur has granted the Other Party a period of 14 days to fulfil his payment obligations, obliged to pay the statutory interest on the amount due after the non-payment within this 14-day period, and the Entrepreneur has the right to charge the extrajudicial collection costs he has incurred. 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. The Entrepreneur may deviate from the amounts and percentages referred to for the benefit of the Other Party.

Article 11 Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the Other Party has found the defects, fully and clearly described.
  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 foreseeably longer processing time, the Entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the Other Party can expect a more detailed answer.
  4. The Other Party must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period a dispute arises that is susceptible to the dispute settlement.

Article 12 Disputes

Contracts between the Entrepreneur and the Other Party to which these general terms and conditions relate are governed exclusively by Belgian law.

Article 13 Additional or different provisions

Additional or different provisions of these general terms and conditions may not be to the detriment of the Other Party and must be recorded in writing or in such a way that they can be stored by the Other Party in an accessible manner on a durable
data carrier.