General Sales Conditions
Article 1 – Definitions
In these conditions the following terms have the following meanings:
For the purposes of these terms and conditions:
Additional 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 trader or by a third party on the basis of an agreement between that third party and the trader;
Reflection period: the period within which the consumer can exercise his right of withdrawal; Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession; Day: calendar day; Digital content: data that are produced and supplied in digital form; Perpetual term contract: an agreement for the regular supply of goods, services and/or digital content during a certain period; Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is 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
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services at a distance to consumers; Distance contract: a contract concluded between the Entrepreneur and the Consumer within the framework of an organized system for distance selling of products, digital content and/or services, up to and including the conclusion of the contract exclusive or joint use of one or more techniques for remote communication; Model revocation form: the European model revocation form set out in Annex I to these Terms and Conditions. Annex I does not have to be made available if the consumer does not have a right of withdrawal with regard to his order; Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur having to be together in the same room at the same time.
Article 2 – Identity of the company
ZERO Belgium VOF, Molleveld 7, 2840 Rumst, Belgium
Email address: firstname.lastname@example.org
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 concluding the distance contract, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract 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 be easily stored 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 they will be sent free of charge electronically or otherwise at the request of the consumer. In the event that 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 rely on the applicable provision that is most favorable 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 make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur. Each offer contains such information that is clear to the consumer what the rights and obligations are that are attached to accepting the offer.
Article 5 – The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the corresponding conditions. If the consumer has accepted the offer electronically, the trader 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. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and
he ensures a safe 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 on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, with reasons, or to attach special conditions to the implementation. The entrepreneur will at the latest upon delivery of the
product, service or digital content to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium: the visiting address of the establishment of the entrepreneur where the consumer complaints can be justified; the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; information about guarantees and existing service after purchase; the price, including all taxes on the product, service or digital content; as far as
applying the delivery costs; and the method of payment, delivery or implementation of the distance contract; the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite. if the consumer has a right of withdrawal, the model withdrawal form. In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
In the case of products: The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 30 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s). The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or: if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part; in the case of contracts for a regular delivery 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 that is not delivered on a tangible medium: The consumer can dissolve a service agreement and an agreement for the supply of digital content that is not delivered on a tangible medium for at least 30 days without stating reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s). The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement. Extended reflection period for products, services, and digital content that has not been delivered on a tangible medium in the event of failure to inform about the right of withdrawal: If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reflection period will expire twelve months after the end of the withdrawal period. original reflection period determined 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 twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 30 days after the day on which the consumer received that information.
Article 7 – Obligations of the consumer during the reflection period
During the reflection 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 operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a physical store. If the product shows signs of use, it will be eligible for depreciation. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1. The depreciation amounts to 30% of the purchase amount and will be deducted from the total purchase amount.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of 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 will return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he sends back the product before the reflection period has expired. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for the return. If the consumer withdraws after having first explicitly requested that the provision of the service or the supply of gas, water, or electricity that have not been made ready for sale in a limited volume or specific quantity commences during the reflection period, the consumer is the entrepreneur an amount due that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation. The consumer does not bear any costs for the performance of services or the supply of water, gas, or electricity that are not ready for sale in a limited volume or quantity, or for the supply of district heating, if: the entrepreneur the consumer the legally required information about the right of withdrawal, the cost reimbursement in the event of withdrawal or the model withdrawal form, or; the consumer has not explicitly requested the start of the execution of the service or the supply of gas, water, electricity or district heating during the reflection period. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if: prior to delivery, he has not explicitly agreed to commence compliance with the agreement before the end of the reflection period; he has not acknowledged losing his right of withdrawal when giving his consent; whether 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 the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification. The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier. The
The entrepreneur uses the same payment method that the consumer used for reimbursement unless the consumer agrees to 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 does not have to pay back the additional costs for the more expensive 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 time for the conclusion of the agreement:
Products or services whose price is dependent on fluctuations in the financial market on 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 to mean a sales method in which products, digital content and / or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and / or services; Service contracts, after
full performance of the service, but only if: A. the performance has started with the explicit prior consent of the consumer; and B. the consumer has stated that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement; Package travel as referred to in Article 7: 500 BW and passenger transport agreements; Service agreements for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, goods transport, car rental services and catering; Agreements with regard to leisure activities, if a specific date or period of performance thereof is specified in the agreement to provide; Products manufactured according to specifications of the consumer, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person; Products that spoil quickly or have a limited shelf life; Sealed products used for health protection reasons
whether hygiene is not suitable for return and of which the seal has been broken after delivery; Products that, by their nature, are irrevocably mixed with other products after delivery; Alcoholic drinks of which the price was agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence; Sealed audio, video recordings and computer software, the seal of which has been broken after delivery; Newspapers, magazines or magazines, with the exception of subscriptions to these; The delivery of digital content other than on a tangible medium, but only if: A. the performance has started with the express prior consent of the consumer, and B. the consumer has stated that he will lose his right of withdrawal by doing so.
Article 11 – The price
During the period of validity stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes due to changes in VAT rates. 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 influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result
of statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: A. they are the result of statutory regulations or provisions; or B. the consumer has the authority to cancel the agreement on the day on which the price increase takes effect. The prices stated in the offer of products or services include VAT.
Article 12 – Fulfillment of the agreement and extra guarantee
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 legal provisions existing on the date of the conclusion of the agreement and / or government regulations. An extra 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 has failed to fulfill his part of the agreement. Under extra warranty
is understood to mean any obligation of the entrepreneur, his supplier, importer or producer 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 has failed to fulfill his part of the agreement.
Article 13 – Delivery and implementation
The entrepreneur will take the greatest possible care when receiving and implementing orders for 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 company. . With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs. In case of dissolution in accordance with the previous paragraph, the entrepreneur will repay the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items, right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of the entrepreneur. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative announced to the entrepreneur.
Article 14 – Duration transactions: duration, cancellation, and extension
The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month. The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the specified term, with due observance of the agreed cancellation rules and a notice period of at least highest one month. The consumer can cancel the agreements referred to in the previous paragraphs: – at any time and not be limited to cancellation at a specific time or in a specific period; – at least cancel in the same way as they have been entered into by him; – always cancel with the same notice period if the entrepreneur has stipulated for himself. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity included) or services, may not be tacitly renewed or renewed for a specified duration. Contrary to the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of a maximum of three months if the consumer opposes this extended agreement. can terminate the end of the extension with a notice period of no more than one month. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period.
if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and Magazines. Agreements with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period. If an agreement has a duration of more than one year, the consumer may cancel 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 term.
Article 15 – Payment
Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer 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 starts after the consumer has received confirmation of the agreement. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment has been stipulated, the consumer has no right whatsoever to assert with regard to the execution of the order or service (s) in question, before the stipulated advance payment has been made. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay. If the consumer does not fulfill his payment obligation (s) on time after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer 14 days to still fulfill his payment obligations, after the non-payment within this 14-day period, the statutory interest is due on the amount due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of 15% on 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 can deviate from the stated amounts and percentages in favor of the consumer.
Article 16 – Warranty conditions
ZERO Belgium offers a 2-year warranty against manufacturing defects on all products. Your invoice is the warranty certificate and the invoice date is the start date of the warranty period. It is a carry-in guarantee and that means that we ask you to return or return the defective product to us. The product will be repaired by us or by an external repairer. The warranty does not apply to parts that are subject to wear and tear, such as the wheels, bearings, and battery. You are not entitled to a warranty if one of the following provisions is established:
- Damage caused by your own actions (for example water damage, fall damage, pressure damage, impact damage and damage after stunting).
- Damage caused by improper use of the product.
- We have tried to open or repair the product ourselves.
- Parts changed or added which were not there from delivery.
- Damage caused by insufficient maintenance.
In case of a warranty claim, please contact our customer service.
Article 17 – Liability
The limitations of liability included in these general terms and conditions do not apply if the damage is the result of intent or deliberate recklessness on the part of ZERO Belgium or its management. We exclude all liability for any direct or indirect damage, of whatever nature, arising from or in any way related to the website and its products. In the event of repair, we cannot be held liable for defects or damage that occur during or after the repair, unless they are caused by intent or gross negligence caused by us. Defects that have arisen during repair to the consumer’s product as a result of work performed incorrectly by us will be repaired by us free of charge. If we are liable for damage during repairs, we are entitled to have that damage repaired at our expense. If the consumer chooses to have the damage repaired by a third party, we are only obliged to compensate the damage up to the number of costs that we would have incurred if the consumer had given us the opportunity to repair the damage or have it repaired. In case of damage as a result of the liability of ZERO Belgium, we are only liable for direct damage. We are not liable for possible consequential damage of any kind, unless there is intent or deliberate recklessness. In all cases, the liability of ZERO Belgium is limited to the amount of the payment made by its insurance, insofar as the damage is covered by the insurance, or our liability is limited to the original invoice amount. Unless explicitly stated otherwise in the agreement or in these general terms and conditions, any claim by the consumer will lapse 1 year after the performance of the agreement.
Article 18 – Complaints procedure
The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer. The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.
Article 19 – Disputes
Only Belgian law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Only a Belgian court is competent to judge these disputes. All other disputes, in deviation from the legal rules for the jurisdiction of the civil court, in case the Court is competent, will be settled by the Court in the place of business or district of ZERO Belgium. However, Voltes remains authorized to summon the customer to appear before the competent court according to the law or the applicable international treaty. The customer has the right for five weeks after ZERO Belgium has invoked the foregoing, to opt for settlement of the dispute by the civil court competent according to the law or the applicable international treaty.