Terms and conditions

Article 1 - Definitions

For the purposes of these terms and conditions, the following definitions apply:

  1. Additional agreement: an agreement under which 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;
  2. Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
  3. Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Contract of continuous performance: a contract that provides for the regular supply of goods, services and/or digital content for a specified period;
  7. Durable medium: any tool - including email - that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and that enables the unchanged reproduction of the stored information;
  8. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
  9. Trader: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
  10. Distance contract: a contract concluded between the trader and the consumer within the framework of an organised distance sales system for products, digital content and/or services, whereby exclusive or additional use is made, up to and including the conclusion of the contract, of one or more means of distance communication;
  11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not need to be provided if the consumer has no right of withdrawal in respect of their order;
  12. Means of distance communication: a means that can be used to conclude a contract without the consumer and trader having to be present in the same room at the same time.
Article 2 - Identity of the entrepreneur

Mykla bv

Stadsheide 23
3500 Hasselt
info@centpurcent.com
BE 0458 547 704

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.

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, the entrepreneur will indicate, before the distance agreement is concluded, how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.

If the distance agreement is concluded electronically, by way of derogation from the previous paragraph and before the distance agreement 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 save it on a durable medium. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or by other means at the consumer’s request.

If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs will apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.

Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this will be expressly 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 trader 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 on the trader.

Each offer contains sufficient information to make it 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 when the consumer accepts the offer and fulfills the conditions set out therein.

If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance of the offer electronically.

Until receipt of this acceptance has been confirmed by the trader, the consumer may terminate the agreement.
If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures for this purpose.

Within the limits of the law, the trader may ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement.

If, based on this investigation, the trader has good grounds not to enter into the agreement, the trader is entitled to refuse an order or request, stating reasons, or to attach special conditions to its execution.
No later than upon delivery of the product, service, or digital content, the trader shall provide the consumer with the following information in writing or in such a way that the consumer can store it accessibly on a durable medium:

a. the visiting address of the trader's establishment where the consumer can submit complaints;

b. the conditions and procedure for exercising the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. information about warranties and existing after-sales service;

d. the price of the product, service, or digital content, including all taxes; where applicable, the delivery costs; and the method of payment, delivery, or performance of the distance agreement;

e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;

f. 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 applies only to the first delivery.

Article 6 - Right of withdrawal

For products:


The consumer may cancel an agreement concerning the purchase of a product during a cooling-off period of at least 14 days without giving any reasons.

The trader may ask the consumer about the reason for cancellation, but may not require the consumer to state the reason(s).


The cooling-off period referred to in paragraph 1 begins 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:


a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The trader may refuse an order for several products with different delivery times, provided that the trader clearly informed the consumer of this before the ordering process.


b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;


c. for agreements involving the regular delivery of products over a specified period: the day on which the consumer, or a third party designated by them, has received the first product.
For services and digital content not supplied on a tangible medium:

The consumer may cancel a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during a period of at least 14 days without giving any reasons. The trader may ask the consumer about the reason for cancellation, but may not require the consumer to state the reason(s).
The cooling-off period referred to in paragraph 3 begins on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content not supplied on a tangible medium if the consumer is not informed about the right of cancellation:

If the trader has not provided the consumer with the legally required information about the right of cancellation or the model cancellation form, the cooling-off period ends twelve months after the end of the original cooling-off period established in accordance with the preceding paragraphs of this article.
If the trader provides the consumer with the information referred to in the preceding paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 - Consumer obligations during the cooling-off period

During the reflection period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to establish the nature, characteristics, and operation of the product. The guiding principle is that the consumer may only handle and inspect the product as they would be allowed to do in a store.

The consumer is only liable for any reduction in the product’s value resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.

The consumer is not liable for any reduction in the product’s value if the business did not provide them, before or at the time the agreement was concluded, with all legally required information about the right of withdrawal.

Article 8 - Exercise of the consumer's right of withdrawal and associated costs

If the consumer exercises their right of withdrawal, they must notify the trader within the cooling-off period using the model withdrawal form or in another unequivocal manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to the trader (or an authorised representative of the trader). This is not required if the trader has offered to collect the product. In any event, the consumer has complied with the return period if they return the product before the cooling-off period has expired.
The consumer shall return 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 trader.


The risk and 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 trader has not informed the consumer that they must bear these costs, or if the trader indicates that they will bear the costs themselves, the consumer does not have to bear the return costs.


If the consumer withdraws after first expressly requesting that the performance of the service or the supply of gas, water or electricity that is not ready for sale in a limited volume or specific quantity begin during the cooling-off period, the consumer owes the trader an amount that is proportionate to the part of the obligation performed by the trader at the time of withdrawal, compared with full performance of the obligation.
The consumer bears no costs for the performance of services or the supply of water, gas or electricity that is not ready for sale in a limited volume or quantity, or for the supply of district heating, if:


a. the trader has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form, or;


b. the consumer has not expressly requested that the performance of the service or the supply of gas, water, electricity or district heating begin during the cooling-off period.
The consumer bears no costs for the complete or partial supply of digital content not supplied on a tangible medium if:


a. before its supply, they did not expressly consent to performance of the agreement beginning before the end of the cooling-off period;


b. they did not acknowledge that they would lose their right of withdrawal by giving their consent; or


c. the trader failed to confirm this declaration by the consumer.
If the consumer exercises their right of withdrawal, all supplementary agreements shall be dissolved by operation of law.

Article 9 - Obligations of the entrepreneur upon withdrawal

If the trader enables the consumer to submit a notice of withdrawal electronically, the trader shall promptly send an acknowledgement of receipt after receiving this notice.


The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without undue delay and in any event within 14 days following the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product, the trader may wait to reimburse the consumer until the product has been received or until the consumer demonstrates that the product has been returned, whichever occurs first.
The trader shall use the same payment method for the reimbursement as the consumer used, unless the consumer agrees to another method. The reimbursement shall be free of charge for the consumer.


If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the trader does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this when making the offer, or at least in good time before concluding the agreement:

  1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no control and which may occur during the withdrawal period;
  2. Agreements concluded during a public auction. A public auction means a method of sale whereby 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 whereby the successful bidder is obliged to purchase the products, digital content and/or services;
  3. Service agreements, after the service has been fully performed, but only if:
    a. performance has begun with the consumer's explicit prior consent; and
    b. the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;
  4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
  5. 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;
  6. Agreements relating to leisure activities, if a specific date or period of performance is provided for in the agreement;
  7. Products manufactured according to the consumer's specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
  8. Products that deteriorate rapidly or have a limited shelf life;
  9. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
  10. Products that, by their nature, become irrevocably mixed with other products after delivery;
  11. Alcoholic beverages whose price was agreed upon when the agreement was concluded, but whose delivery can take place only after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no control;
  12. Sealed audio and video recordings and computer software, whose seal has been broken after delivery;
  13. Newspapers, periodicals or magazines, with the exception of subscriptions to them;
  14. The delivery of digital content other than on a tangible medium, but only if:
    a. performance has begun with the consumer's explicit prior consent; and
    b. the consumer has declared that they thereby lose their right of withdrawal.
Article 11 - The price

During the validity period specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

By way of derogation from the preceding paragraph, the business may offer products or services whose prices are subject to fluctuations in the financial market over which the business has no influence at variable prices. This link to fluctuations, and the fact that any prices stated are indicative prices, will be mentioned in the offer.

Price increases within 3 months of the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are permitted only if the business has stipulated this and:
a. they result from statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement effective from the day on which the price increase takes effect.

The prices of products or services stated in the offer include VAT.

Article 12 - Performance of the agreement and additional warranty

The business warrants 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 statutory provisions and/or government regulations applicable on the date the agreement was concluded. If agreed, the business also warrants that the product is suitable for use other than normal use.


An additional warranty provided by the business, its supplier, manufacturer, or importer shall never limit the statutory rights and claims that the consumer may assert against the business under the agreement if the business has failed to fulfill its part of the agreement.


Additional warranty means any commitment by the business, its supplier, importer, or producer granting the consumer certain rights or claims that go beyond what it is legally required to provide if it has failed to fulfill its part of the agreement.

Article 13 - Delivery and performance

The entrepreneur will exercise the utmost care when receiving and fulfilling orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has communicated to the entrepreneur.

Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur will fulfill accepted orders with due haste, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled partially, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and to any compensation for damages.

Following termination in accordance with the preceding paragraph, the entrepreneur will promptly refund the amount paid by the consumer.

The risk of damage to and/or loss of products rests with the entrepreneur until the products are delivered to the consumer or to a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Delay in delivery and/or performance cannot give rise to a price reduction. The principle of price reduction is expressly excluded. 

Article 14 - Ongoing transactions: duration, cancellation and renewal

Cancellation:

The consumer may cancel an agreement concluded for an indefinite period and intended for 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.

The consumer may cancel an agreement concluded for a fixed period and intended for the regular delivery of products (including electricity) or services at any time before the end of the fixed period, subject to the agreed cancellation rules and a notice period of no more than one month.

The consumer may cancel the agreements referred to in the preceding paragraphs:
at any time and may not be restricted to cancellation at a specific time or during a specific period;
at least in the same manner as they were concluded by the consumer;
always with the same notice period as the trader has stipulated for itself.

Renewal:
An agreement concluded for a fixed period and intended for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period.

By way of derogation from the preceding paragraph, an agreement concluded for a fixed period and intended for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a specific period of no more than three months, provided that the consumer may cancel this extended agreement before the end of the extension with a notice period of no more than one month.

An agreement concluded for a fixed period and intended for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel it at any time with a notice period of no more than one month. The notice period may be no more than three months if the agreement concerns the regular, but less than monthly, delivery of daily, news and weekly newspapers and magazines.

An agreement of limited duration for the regular delivery of daily, news and weekly newspapers and magazines on a trial or introductory basis (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration:
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 cancellation before the end of the agreed duration.

Article 15 - Payment

Unless otherwise stipulated in the agreement or additional terms and conditions, amounts owed by the consumer must be paid within 14 days after the cooling-off period begins, or, if there is no cooling-off period, within 14 days after the agreement is concluded. In the case of an agreement for the provision of a service, this period begins on the day after the consumer receives confirmation of the agreement.

When selling products to consumers, the consumer may never be required in general terms and conditions to make an advance payment of more than 50%. Where advance payment has been agreed, the consumer may not assert any rights concerning the performance of the relevant order or service(s) until the agreed advance payment has been made.

The consumer is obliged to report any inaccuracies in the payment details provided or stated to the trader without delay.
If the consumer fails to meet their payment obligation(s) on time, then, after being informed by the trader of the late payment and being given a period of 14 days by the trader to still meet their payment obligations, and after payment has not been made within this 14-day period, the consumer will owe statutory interest on the outstanding amount and the trader will be entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% of outstanding amounts up to € 2,500; 10% of the next € 2,500 and 5% of the following € 5,000, with a minimum of € 40. The trader may deviate from these amounts and percentages in the consumer’s favor.

Article 16 - Complaints procedure

The business has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
Complaints about the performance of the agreement must be submitted to the business fully and clearly described within a reasonable time after the consumer has identified the defects.

Complaints submitted to the business will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the business will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

The consumer must in any event give the business 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is eligible for the dispute resolution procedure.

The business and the consumer agree that a prohibition on concurrent claims applies. This means that only contractual claims may be brought on the basis of the agreement concluded between the business and the consumer. Non-contractual claims, including claims based on tort, are excluded. Deviations from this arrangement are valid only if established in writing and signed by both parties. 

The consumer accepts that they may not hold the directors, representatives, shareholders, (whether or not self-employed) employees, appointees, or any other type of auxiliary person of the business liable on a non-contractual basis (neither directly, jointly and severally, nor in solidum with the business). This does not apply, however, when the damage suffered results from an infringement of the customer's physical or psychological integrity, or when the damage results from an error by the auxiliary person with the intent to cause damage. This exemption of liability for the auxiliary person applies to all damaging events that take place or took place from 01.01.2025 onward, even if the act or conduct was carried out in performance of an agreement that had already been concluded before 01.01.2025.

Article 17 - Force majeure and unforeseeable circumstances

  • 17.1 If a party is unable to fulfill the order due to force majeure, including accidents, illness, fire, epidemics, frost, rainy weather, war, strikes, lockouts, riots, delays by suppliers, lack of transport equipment, etc., that party has the right to terminate the agreement without any further compensation. In that case, the delivery and performance periods will be extended by operation of law.

 

  • 17.2 If, when force majeure occurs, a party has already partially fulfilled its obligations, or can only partially fulfill its obligations, that party is entitled to invoice the work already performed separately, and the other party is obliged to pay this invoice as if it concerned a separate agreement. 

 

  • 17.3 When circumstances arise that were reasonably unforeseeable and unavoidable when the quotation was submitted, and that would make the performance of the agreement financially or otherwise more burdensome or difficult than normally anticipated, the parties do not have the option of requesting the revision or dissolution of the agreement. The agreement shall be binding on the parties as law. The parties may not deviate from this provision. 
Article 18 - Privacy

  • 18.1 By contacting the trader via the trader's website, the consumer expressly consents to the processing and use of their personal data for purposes such as customer database administration, the management of orders, deliveries and invoices, monitoring solvency, marketing and advertising. Processing for marketing purposes and individualized advertising will only take place if the consumer has expressly agreed to this during the purchasing process. The trader may not transfer the data to third parties. The consumer has the right at any time to object free of charge to the processing of their data for direct marketing purposes. 

The trader is responsible for processing this data.

The processing of this data is necessary for the performance of this agreement and will not be used for other purposes.  

  • 18.2 In certain circumstances, the trader is obliged to disclose the consumer's personal data. This occurs if the law, regulations or a legal procedure requires the trader to do so, or when requested by government authorities in the context of law enforcement actions, or if the trader believes it is necessary to disclose the consumer's personal data to prevent damage or financial losses, in the context of an investigation into fraud or other illegal activities. 

 

  • 18.3 If the trader sells or transfers all or part of its activities or assets, it reserves the right to transfer all of the consumer's personal data as well. In that case, the trader will make the necessary efforts to inform the consumer and ensure that the party receiving the personal data also uses it in accordance with this article. In this case, the consumer should direct any further questions to the recipient of the personal data. 

 

  • 18.4 The consumer has the right to access their data at any time and, where necessary, to have it corrected. 

 

  • 18.5 The trader maintains an appropriate administrative, technical and physical security policy, protecting the consumer's personal data against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
Article 19 - Disputes

Agreements between the business and the consumer to which these general terms and conditions apply are governed exclusively by Belgian law. Belgian law applies, with the exception of the Belgian rules on referral under Belgian private international law. In the event of disputes, only the courts of Hasselt have jurisdiction.

Article 20 - Additional or deviating provisions

Supplementary provisions or provisions deviating from these general terms and conditions may not disadvantage the consumer and must be recorded in writing or in such a way that the consumer can store them accessibly on a durable medium.