General Terms and Conditions
't Stokstaartje VOF
http://www.2brothersgin.be

General terms and conditions based on the model terms of Stichting WebwinkelKeur.

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability Article 4 - The offer

Article 5 - The agreement Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal

Article 8 - Exclusion of the right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and execution

Article 12 - Duration transactions: duration, termination, and extension

Article 13 - Payment

Article 14 - Complaint procedure Article

15 - Disputes Article

16 - Additional or different provisions

 

Article 1 - Definitions In these terms and conditions, the following terms are defined as follows:

1. Cooling-off period: the period within which the consumer can use their right of withdrawal; Read all about the cooling-off period.
2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance agreement regarding a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
5. Durable data carrier: any means that allows the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the option for the consumer to withdraw from the distance agreement within the cooling-off period;
7. Model withdrawal form: the model form provided by the entrepreneur that a consumer can fill in when they want to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance agreement: an agreement where, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, until and including the moment of concluding the agreement, exclusive use is made of one or more techniques for distance communication;
10. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same space at the same time.
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur 't Stokstaartje VOF Fernand Khnopffstraat 80 9200 Dendermonde Belgium Phone: [number] Email: Info@2brothersgin.be VAT number: BE0690746403

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and orders between the entrepreneur and the consumer.
2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent free of charge as soon as possible at the consumer's request.
3. If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
4. In cases where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favorable to them.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will remain in effect for the remainder, and the relevant provision will be replaced by a provision that closely approximates the original intent.
6. Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This includes in particular:
   • the price including taxes;
   • any possible costs of delivery;
   • the manner in which the agreement will be concluded and which actions are necessary for this;
   • whether or not the right of withdrawal is applicable;
   • the method of payment, delivery, and execution of the agreement;
   • the term for accepting the offer or the period within which the entrepreneur guarantees the price;
   • the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the used means of communication;
   • whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
   • the way in which the consumer can check and, if desired, rectify the data provided by them in the context of the agreement before the conclusion of the agreement;
   • any other languages in which, in addition to Dutch, the agreement can be concluded;
   • the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
   • the minimum duration of the distance agreement in case of a duration transaction.

Article 5 - The agreement

1. The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the stipulated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may, within legal frameworks, inquire whether the consumer can fulfill their payment obligations, as well as all those facts and factors relevant for responsibly entering into the distance agreement. If the entrepreneur has good grounds based on this inquiry not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5. The entrepreneur will provide the consumer with the following information in writing or in such a way that the consumer can store it on an accessible durable data carrier along with the product or service:
   • the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
   • the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   • information on warranties and existing after-sales services;
   • the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
   • the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal For the delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This reflection period starts on the day after receiving the product by the consumer or a pre-designated representative announced to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine if they wish to keep the product. If they exercise their right of withdrawal, the consumer will return the product with all accessories supplied and, if reasonably possible, in the original condition and packaging to the entrepreneur, following the provided reasonable and clear instructions by the entrepreneur.
3. When the consumer wishes to use their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must make this known through the model form or another communication method such as email. After the consumer has expressed their intention to use their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered products were returned on time, for example through proof of shipment.
4. If the consumer has not expressed their intention to use their right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

For the delivery of services:

1. Upon delivery of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
2. To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

1. If the consumer exercises their right of withdrawal, the maximum they will have to pay is the cost of returning the product.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received by the web retailer or conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly agrees to another method.
3. In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
4. The consumer cannot be held liable for the depreciation of the product when the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before concluding the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

1. The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   • that have been created by the entrepreneur according to the consumer’s specifications;
   • that are clearly personal in nature;
   • that cannot be returned due to their nature;
   • that can spoil or age quickly;
   • whose price depends on fluctuations in the financial market over which the entrepreneur has no control;
   • for single newspapers and magazines;
   • for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
   • concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
   • whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
   • concerning betting and lotteries.

Article 9 - The price

1. During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. This dependence on fluctuations and the fact that any mentioned prices are target prices will be stated with the offer.
3. Price increases within 3 months after concluding the agreement are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after concluding the agreement are only allowed if the entrepreneur has stipulated this and:
   • these are the result of statutory regulations or provisions; or
   • the consumer has the right to terminate the agreement on the day the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.

Article 10 - Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date of concluding the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.
4. The entrepreneur’s warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
   • The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
   • The delivered products have been exposed to abnormal conditions or otherwise carelessly handled or have been handled contrary to the instructions of the entrepreneur and/or on the packaging;
   • The inadequacy is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 - 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 consumer has made known to the company.
3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with convenient speed but at the latest within 30 days unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be informed about this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without any cost and is entitled to any compensation.
4. All delivery terms are indicative. The consumer cannot derive any rights from any mentioned terms. Exceeding a term does not entitle the consumer to compensation.
5. In the event of dissolution under paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will strive to provide a replacement article. Clear and comprehensible notification that a replacement article is being delivered will be given at the latest upon delivery. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a pre-designated representative announced to the entrepreneur unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, termination, and extension Termination:

1. The consumer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time, with due observance of the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.
3. The consumer can, at the agreements mentioned in the previous paragraphs:
   • terminate at any time and not be limited to termination at a specific time or during a specific period;
   • terminate at least in the same way as they were entered into by the consumer;
   • always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

1. An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
2. Contrary to the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
3. An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular but less than once a month delivery of daily, news and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular delivery of trial subscriptions of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

1. If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of no more than one month unless reasonableness and fairness resist termination before the end of the agreed duration.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
2. The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the consumer reasonable costs announced in advance.

Article 14 - Complaint Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5. In case of complaints, a consumer must first turn to the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr). The web store is currently not affiliated with a quality mark with a disputes committee.
6. A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner.