In these terms and conditions, the following definitions apply:
De Clerck Company BV
Leopoldlaan 14, 8420 De Haan
webshop@bluesand.be
+32 491 71 57 14
BE 0833.250.388
1. These general conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the remote agreement is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before the remote agreement is concluded, indicate in what way the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can 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, 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 electronically or otherwise free of charge at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting conditions the consumer may always rely on the applicable provision that is most favourable to him.
5. These terms and conditions shall always prevail over the terms and conditions of the other contracting party.
1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content 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 truthful representation of the offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions set out therein.
The exact moment when an agreement is concluded between the parties depends on the payment method chosen by the consumer:
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
4. The entrepreneur may 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 remote agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while stating reasons.
5. The entrepreneur shall, at the latest on delivery of the product, service or digital content, send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
6. In case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
The consumer has the right to withdraw from the contract within a period of 14 days without giving reasons.
The withdrawal period shall expire 14 days after the day on which the consumer or a third party other than the carrier and indicated by the consumer, acquires physical possession of the good.
To exercise the right of withdrawal, the consumer must inform the trader of the decision to withdraw from the contract by an unequivocal statement in writing by post or by e-mail. The consumer can use the attached model withdrawal form for this purpose, but this is not an obligation.
To comply with the withdrawal period, it is sufficient to send a communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
During the withdrawal period, the consumer shall handle the good and its packaging with care.
Packaging that has been opened/damaged and/or has had its seal broken cannot be returned.
Consequences of withdrawal
If the consumer withdraws from the agreement, he or she will receive all payments he or she has made up to that point, including delivery costs (with the exception of any additional costs resulting from the choice of a delivery method other than the cheapest standard delivery offered by the trader) without delay and in any case no later than 14 days after the trader has been informed of the decision to withdraw from the agreement. The entrepreneur shall reimburse the consumer using the same means of payment used for the original transaction, unless the consumer has expressly agreed otherwise; in any case, the consumer will not be charged for such reimbursement. The trader may withhold reimbursement until he has received the goods back, or it has been proven that the consumer has returned the goods, whichever comes first.
The consumer shall return or hand back the goods to the trader without undue delay, but in any event not later than 14 days from the day on which the decision to withdraw was notified. The consumer is on time if he returns the goods before the 14-day period has expired. The consumer will bear the cost of returning the goods.
The consumer is only liable for the depreciation of the goods resulting from the use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.
The model withdrawal form should contain the following elements:
Model withdrawal form
-To .......
-I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/provision of the following service (*)
-Ordered on (*)/Received on (*)
-Name(s) of consumer(s)
-Address of consumer(s)
-Signature of consumer(s) (only when this form is submitted on paper)
-Date
*Delete where not applicable
The trader can exclude the consumer's right of withdrawal insofar as provided for below. The exclusion of the right of withdrawal only applies if the entrepreneur has notified the consumer of the absence of a right of withdrawal.
Exclusion of the right of withdrawal is only possible:
1. During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices shall be mentioned in the offer.
3. The consumer will be asked to bear the shipping costs. Where applicable, the amount will be communicated to the consumer in advance. If the right of withdrawal is exercised, this cost cannot be claimed back.
4. The prices mentioned in the offer of products or services include VAT.
The trader 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 existing statutory provisions and/or government regulations on the date the agreement was concluded.
A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the company on the basis of the agreement.
1. The entrepreneur shall take the greatest possible care when receiving and executing orders of products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. With due observance of the stipulations in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with convenient speed but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to terminate the agreement without costs and the right to possible damages.
4. After termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
5. The risk of damage to products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer should be paid immediately.
2. The consumer has the duty to report inaccuracies in payment details provided or stated immediately to the entrepreneur.
3. 3. If the consumer does not timely meet his payment obligation(s), he is, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the non-payment within this 14-day period, the consumer owes the annual interest of 10% over the amount due and the entrepreneur has the right to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of 10% of the outstanding amount, with a minimum of 40 euro. The entrepreneur can deviate from these amounts and percentages for the benefit of the consumer.
1. The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be solved by mutual agreement within a reasonable period or within 3 months after submission of the complaint, a dispute arises that is subject to the dispute settlement procedure.
Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Belgian law.
Any dispute between the parties shall fall under the exclusive jurisdiction of the court where the entrepreneur's registered office is located.
Additional provisions or provisions deviating 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 the consumer can store them in an accessible manner on a durable data carrier.
The European Commission has developed a platform for online discussions. Consumers can find this via the following link: http://ec.europa.eu/consumers/odr/
Consumers will have the possibility to use this platform from 15 February 2016, if they have complaints when ordering online.
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