General terms and conditions
General
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 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional warranty
Article 13 - Delivery and execution
Article 14 - Long-term agreements: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions
Article 1 - Definitions
In these general terms and conditions the following terms shall have the following meanings:
Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Duration transaction: an agreement aimed at the regular delivery of goods, services and/or digital content over a specific period;
Durable medium: any instrument - including email - that enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purposes of the information and which allows for the unchanged reproduction of the stored information;
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for the distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or additional use is made of one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form included in Appendix I to these terms and conditions;
Distance communication technology: means that can be used to conclude an agreement without the consumer and the entrepreneur having to be in the same room at the same time.
Article 2 - Identity of the entrepreneur
Mesiro bvba
Pegasuslaan 5, 1831 Diegem, Belgium
Telephone number: +32 (0)2 709 21 88 (between 9:00 and 17:00)
Email address: info@mesiro.be
Chamber of Commerce number: BE0 882 204 904
VAT identification number: BE0 882 204 904
If the entrepreneur's activity is subject to a relevant licensing system:
the information about the supervisory authority.
If the entrepreneur exercises a regulated profession:
the professional association or organization to which he is affiliated;
the professional title and the place in the EU or the European Economic Area where it was awarded;
a reference to the professional rules applicable in the Netherlands and where and how these can be accessed.
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded in what way the general terms and conditions can be consulted at the entrepreneur and that they will be sent free of charge at the consumer's request.
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 consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly and, in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favourable to him.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.
Article 5 - The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons not to enter into the contract based on this investigation, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur will send the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content:
the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about guarantees and existing after-sales service;
the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
For products:
The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige him to state his reason(s).
The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance who is not the carrier, has received the product, or:
if the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by the consumer, has received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided that he has clearly informed the consumer of this before the ordering process;
if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last shipment or the last part;
in the case of agreements for the regular delivery of products during a specific period: the day on which the consumer, or a third party designated by the consumer, has received the first product.
For services and digital content not supplied on a tangible medium:
3. The consumer can terminate a service agreement and an agreement for the supply of digital content that is not supplied on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to give this reason(s).
4. The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.
Extended reflection period in the absence of information about the right of withdrawal:
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period, as determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur provides the information referred to in the previous paragraph to the consumer within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.
Article 7 - Obligations of the consumer during the cooling-off period
During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for any diminished value of the product resulting from the handling of the product which goes beyond what is permitted in paragraph 1.
The consumer is not liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
If the consumer exercises his right of withdrawal, he shall notify the entrepreneur of this within the cooling-off period using the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer has returned on time if he returns the product before the cooling-off period has expired.
The consumer returns the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer shall bear the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or indicates that he will bear the costs himself, the consumer does not have to bear the costs of return shipping.
If the consumer revokes after having first expressly requested that the supply of the service or of gas, water or electricity that have not been made ready for sale in a limited quantity or amount, commences during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of revocation.
The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited quantity or amount, or for the supply of district heating, if:
the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, reimbursement of costs in the event of withdrawal or the model withdrawal form; or
the consumer has not expressly requested that the performance of the service or the supply of gas, water, electricity or district heating commence during the cooling-off period.
The consumer shall not bear any costs for the full or partial supply of digital content which is not supplied on a tangible medium if:
he has not expressly agreed to the commencement of the performance of the agreement before the end of the cooling-off period;
he has not acknowledged that he loses his right of withdrawal by giving consent; or
the entrepreneur has failed to confirm this statement from the consumer.
If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in case of withdrawal
If the entrepreneur makes it possible for the consumer to notify the withdrawal electronically, he will immediately send an acknowledgement of receipt after receiving this notification.
The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay, but within 14 days after the day on which the consumer informed the entrepreneur of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with the reimbursement until he has received the product or until the consumer proves that he has returned the product, depending on which of these events occurs first.
The entrepreneur uses the same payment method that the consumer used for the refund, unless the consumer agrees to another method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not obliged to reimburse the additional costs for the more expensive delivery method.
Article 10 - Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement:
Products or services whose price depends on fluctuations in the financial markets over which the entrepreneur has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction is understood as a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the winning bidder is obliged to purchase the products, digital content and/or services;
Service contracts, after the service has been fully performed, but only if:
the performance has begun with the consumer's express prior consent; and
the consumer has declared that he will lose his right of withdrawal once the entrepreneur has fully performed the agreement;
Package holidays as referred to in Article 7:500 of the Civil Code and passenger transport contracts;
Service contracts for the provision of accommodation, where the contract provides for a specific date or period of performance and not for residential purposes, transport of goods, car rental services and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;
Products which are custom-made for the consumer, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products which are not suitable for return for health or hygiene reasons and where the seal has been broken after delivery;
Products which after delivery are irrevocably mixed with other products by their nature;
Alcoholic beverages, the price of which has been agreed upon at the time of conclusion of the contract, but the delivery of which can only take place after 30 days and the actual value of which depends on market fluctuations beyond the control of the entrepreneur;
Sealed audio, video recordings and computer programs, the seal of which has been broken after delivery;
Newspapers, magazines or periodicals, except subscriptions to these;
The supply of digital content other than on a tangible medium, but only if:
the performance has begun with the consumer's express prior consent; and
the consumer has declared that he loses his right of withdrawal as a result.
Article 11 - The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices depend on fluctuations in the financial markets and over which the entrepreneur has no influence, with variable prices. The fact that the prices are subject to fluctuations and that the stated prices are indicative prices, is indicated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal provisions or regulations.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
they are the result of statutory provisions or regulations; or
the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the range of products or services include VAT.
Article 12 - Fulfilment of the agreement and additional guarantee
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations that are in force on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement, if the entrepreneur fails to fulfil his obligations.
An additional guarantee is understood as any obligation of the entrepreneur, his supplier, importer or manufacturer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he does not fulfil his obligations.
Article 13 - Delivery and execution
The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has given to the entrepreneur.
Taking into account what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with the necessary speed, but in any case within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to some compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance by the consumer, unless expressly agreed otherwise.
Article 14 - Duration transactions: Duration, termination and extension
Termination:
The consumer may terminate an agreement entered into for an indefinite period and relating to the regular delivery of products (including electricity) or services at any time, taking into account the agreed termination rules and a notice period of up to one month.
The consumer may terminate an agreement entered into for a definite period and relating to the regular supply of products (including electricity) or services at any time by the end of the specified period, taking into account the agreed termination rules and a notice period of up to one month.
The consumer can cancel the contracts mentioned in the previous paragraphs:
terminate at any time and is not limited to termination at a specific time or during a specific period;
terminate in the same manner as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension:
An agreement entered into for a fixed period and aimed at the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
By way of exception to the previous paragraph, an agreement entered into for a fixed period and which concerns the regular delivery of daily, news, weekly and periodical newspapers may be tacitly extended for a fixed period of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of up to one month.
An agreement entered into for a fixed period and which aims at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer has the right at all times to terminate the agreement with a notice period of maximum one month. The notice period is maximum three months if the agreement relates to the regular, but less than once a month, delivery of daily, news, weekly and periodicals.
A limited-term agreement for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly extended and ends automatically at the end of the trial or introductory period.
Duration:
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of up to one month, unless the consumer reasonably objects to termination before the end of the agreed term.
Article 15 - Payment
Unless otherwise agreed in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days after the conclusion of the contract. In the case of a contract for the supply of a service, this period starts on the day after the consumer receives confirmation of the contract.
When selling products to consumers, the consumer can never be obliged in the general terms and conditions to pay more than 50% in advance. If payment in advance has been agreed, the consumer cannot assert any rights with regard to the execution of the order or the service(s) before the agreed advance payment has been made.
The consumer is obliged to report any inaccuracies in payment details provided or specified to the entrepreneur without delay.
If the consumer does not meet his payment obligations in time, he owes the statutory interest on the amount still owed, after the entrepreneur has informed the consumer of the late payment and the entrepreneur has given the consumer a period of 14 days to still meet his payment obligations. After failure to pay within this period of 14 days, the statutory interest is owed on the amount still owed and the entrepreneur has the right to charge the extrajudicial collection costs that he has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000, with a minimum of € 40. The entrepreneur may deviate from the stated amounts and percentages in favor of the consumer.
Article 16 - Complaints procedure
The entrepreneur has a sufficiently published complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable period after discovery of the defects.
Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 months after submission of the complaint, a dispute arises that is subject to dispute resolution.
Article 17 - Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Belgian law.
Article 18 - 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 stored in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.