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General terms and conditions


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 - The price

Article 8 - Conformity and guarantee

Article 9 - Delivery and execution

Article 10 - Duration transactions: duration, cancellation and extension

Article 11 - Payment

Article 12 - Complaints procedure

Article 13 - Disputes

Article 14 - Additional or deviating provisions

 

Article 1 - Definitions

In these terms, the following definitions apply:

 

  1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which 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 enables future consultation and unchanged reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
  7. Model form: the model form for withdrawal provided by the entrepreneur that a consumer can fill in when they wish to exercise their right of withdrawal.
  8. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
  9. Distance contract: a contract in which, as part of a system organised by the entrepreneur for the distance sale of products and/or services, the contract is concluded exclusively using one or more techniques for remote communication;
  10. Technique for remote communication: a means that can be used to conclude a contract, without the consumer and entrepreneur being simultaneously present in the same space.
  11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

 

Article 2 - Identity of the entrepreneur

Name of the entrepreneur: Olivier Willems Chocolatier VOF

Registered address: Alfons Pieterslaan 120, 8400 Ostend

Telephone number: 059/70 99 31

Email address: info@olivierwillems.be

VAT identification number: BE 0758 570 286 

 

Article 3 - Applicability

  1. These General Terms and Conditions apply to any offer made by the entrepreneur and to any 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 that they will be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance agreement is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph and before the distance agreement is concluded, be made available to the consumer electronically in such a way that it can be easily stored by the consumer 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 accessed electronically and that they will be sent to the consumer free of charge upon request, either electronically or in another way.
  4. In the event that specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favourable to them in the event of conflicting general terms and conditions.
  5. If one or more provisions in these general terms and conditions are wholly or partially null and void at any time, the agreement and these terms shall remain in effect for the remainder, and the relevant provision shall be promptly replaced by a provision that closely approximates the intent of the original in mutual consultation.
  6. Situations not covered by these general terms and conditions shall be assessed 'in the spirit' of these general terms and conditions.
  7. Ambiguities regarding the interpretation or content of one or more provisions of our terms shall be explained 'in the spirit' of these general terms and conditions.

 

Article 4 - The offer

  1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
  5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.
  6. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer. This particularly concerns:
  • the price including taxes;
  • any shipping costs;
  • the manner in which the agreement will be concluded and what actions are necessary for that;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery and execution of the agreement;
  • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
  • the rate for remote communication if the costs of using the technology for remote communication are calculated on a different basis than the regular basic rate for the communication means used;
  • whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;
  • the way in which the consumer can check and, if desired, correct the data provided by him in the context of the agreement before concluding the agreement;
  • any other languages in which the agreement can be concluded, in addition to Dutch;
  • the codes of conduct to which the entrepreneur has subjected himself and how the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance agreement in the case of a long-term transaction.
  • Optional: available sizes, colours, types of materials.

 

Article 5 - The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm the 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 may dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur may, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors that are relevant for responsibly entering into the distance agreement. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, they are entitled to refuse an order or request with justification or to attach special conditions to the execution.
  5. The entrepreneur shall provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
  6. the visiting address of the entrepreneur's establishment where the consumer can go for complaints;
  7. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion from the right of withdrawal;
  8. the information about guarantees and existing after-sales service;
  9. the information included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
  10. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  11. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
  12. Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

 

Article 6 - Right of Withdrawal

  1. The provisions of this article apply only to Customers who purchase items online from the entrepreneur in their capacity as consumers.
  2. The Customer has the right to withdraw from the agreement within a period of 14 calendar days without giving any reason.
  3. The withdrawal period expires 14 calendar days after the day on which the Customer or a third party designated by the Customer, who is not the carrier, takes physical possession of the goods.
  4. To exercise the right of withdrawal, the Customer must inform the entrepreneur of their decision to withdraw from the agreement via an unambiguous statement (in writing by post or email to info@olivierwillems.be).
  5. To comply with the withdrawal period, the Customer must send their notification regarding the exercise of the right of withdrawal before the withdrawal period has expired.
  6. The Customer must return or hand over the goods without delay, but in any case no later than 14 calendar days after the day on which he has communicated his decision to withdraw from the agreement to the entrepreneur, to Olivier Willems, Alfons Pieterslaan 120, 8400 Ostend, Belgium.
    The direct costs of returning the goods shall be borne by the Customer.
  7. If the returned product has in any way diminished in value, the entrepreneur reserves the right to hold the Customer liable and to claim compensation for any depreciation of the goods resulting from the Customer's use of the goods that goes beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
  8. Only items that are in their original packaging, along with all accessories, instructions for use, and invoice or proof of purchase can be returned.
  9. If the Customer withdraws from the agreement, the entrepreneur will refund all payments received from the Customer up to that point, including the standard delivery costs, within a maximum of 14 calendar days after the entrepreneur has been informed of the Customer's decision to withdraw from the agreement. In the case of sales agreements, the entrepreneur may wait to make the refund until he has received all the goods back, or until the Customer has demonstrated that he has returned the goods, whichever is the earlier.
  10. Any additional costs resulting from the Customer's choice of a method of delivery other than the cheapest standard delivery offered by the entrepreneur will not be refunded.
  11. The entrepreneur will refund the Customer using the same payment method that the Customer used for the original transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not be charged any costs for such a refund.

The Customer cannot exercise the right of withdrawal for:

  • service agreements after the full execution of the service;
  • the delivery or provision of goods or services whose price is linked to fluctuations in the financial market that the entrepreneur cannot influence and which may occur within the withdrawal period;
  • the delivery of goods made to the Customer's specifications, or that are clearly intended for a specific person;
  • the delivery of goods that have been irrevocably mixed with other products after delivery due to their nature.

 

Article 7 - The price

  1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
  5. they are the result of legal regulations or provisions; or
  6. the consumer has the authority to terminate the agreement as of the day the price increase takes effect.
  7. The prices mentioned in the offer of products or services are inclusive of VAT.
  8. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

 

Article 8 - Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force at the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use 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 in writing to the entrepreneur within 4 weeks of delivery. Returns of products must be made in the original packaging and in new condition.
  4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The warranty does not apply if:
  6. The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
  7. The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or have been treated as indicated on the packaging;
  8. The defect is wholly or partially the result of regulations imposed by the government regarding the nature or quality of the materials used.

 

Article 9 - Delivery and execution

  1. The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
  2. The entrepreneur will dispatch accepted orders within a maximum of 3 working days, unless the consumer has agreed to a longer delivery period. If the shipment 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 5 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.
  3. Products ordered through our web shop are delivered in Belgium, the Netherlands, France, Luxembourg, and Germany.
  4. Delivery is carried out by BPost, DHL or another parcel service, and the Customer pays additional costs for this, as stated in the ordering process.
  5. Unless otherwise agreed or expressly stated, the products will be delivered to the address that the consumer has provided to the company within 30 days of receiving the order.
  6. Any visible damage and/or qualitative shortcoming of a product or other shortcoming in the delivery must be reported by the Customer to the entrepreneur without delay.
  7. The risk of loss or damage passes to the Customer from the moment he (or a third party designated by him, who is not the carrier) has physically taken possession of the products. However, the risk already passes to the Customer upon delivery to the carrier, if the Customer's carrier has been instructed to transport the goods and this choice was not offered by the entrepreneur.
  8. In the event of cancellation of the sale, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.
  9. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.

 

Article 10 - Long-term transactions: duration, cancellation and extension

Cancellation

  1. The consumer may cancel an agreement that has been entered into for an indefinite period and which aims at the regular delivery of products (including electricity) or services at any time, subject to the agreed cancellation rules and a notice period of no more than one month.
  2. The consumer may terminate an agreement that has been entered into for a fixed term and which involves the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
  3. The consumer may terminate the agreements mentioned in the previous sections:
  • at any time and shall not be limited to termination at a specific time or within a specific period;
  • at least 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

  1. An agreement that has been entered into for a fixed term and which involves the regular delivery of products (including electricity) or services may not be silently extended or renewed for a fixed term.
  2. Notwithstanding the previous section, an agreement that has been entered into for a fixed term and which involves the regular delivery of daily, news, and weekly newspapers and magazines may be silently extended for a fixed term 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 no more than one month.
  3. An agreement that has been entered into for a fixed term and which involves the regular delivery of products or services may only be silently extended for an indefinite term if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the case that the agreement involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
  4. An agreement of limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically renewed and will end automatically after the trial or introductory period.

Duration

  1. 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 no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

 

Article 11 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
  2. The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs communicated to the consumer in advance.

 

Article 12 - Complaints Procedure

  1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints regarding the execution of the agreement must be submitted to the entrepreneur in full and clearly described within 7 days after the consumer has identified the defects.
  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 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 the case of complaints, a consumer should first contact the entrepreneur. It is also possible to report complaints via the European ODR platform.http://ec.europa.eu/odr).
  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

 

Article 13 - 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 14 - Additional or Deviating Provisions

Additional or deviating provisions 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 on a durable data carrier.