General terms and conditions
In these terms, the following definitions apply:
- Supplementary agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance agreement, and these items, digital content, and/or services are delivered by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
- Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
- Consumer: the natural person who does not act for purposes related to their trade, business, craft, or professional activity;
- Day: calendar day;
- Digital content: data that is produced and delivered in digital form;
- Duration agreement: an agreement that aims for the regular delivery of goods, services, and/or digital content over a specified period;
- Durable data carrier: any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for future consultation or use over a period that is appropriate to the purpose for which the information is intended, and that allows for unchanged reproduction of the stored information;
- Right of withdrawal: the consumer's ability to withdraw from the distance agreement within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services at a distance to consumers;
- Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content, and/or services, whereby up to and including the conclusion of the agreement, one or more techniques for distance communication are exclusively or partly used;
- Model withdrawal form: the European model withdrawal form included in Annex I of these terms. Annex I does not need to be made available if the consumer does not have a right of withdrawal regarding their order;
- Technique for distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur needing to meet simultaneously in the same space.
Mykla bv
Stadsheide 23
3500 Hasselt
info@centpurcent.com
BE 0458 547 704
These general terms and conditions apply to every offer from the entrepreneur and to every agreement concluded at a distance between the entrepreneur and the consumer.
Before the agreement is concluded at a distance, 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 agreement is concluded at a distance how the general terms and conditions can be viewed at the entrepreneur and that they will be sent to the consumer free of charge as soon as possible upon request.
If the agreement is concluded electronically at a distance, the text of these general terms and conditions may, contrary to the previous paragraph and before the agreement is concluded at a distance, 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 agreement is concluded at a distance where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request.
In case specific product or service terms also apply in addition to these general terms and conditions, the second and third paragraphs are correspondingly applicable, and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting terms.
If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
The offer includes a complete and accurate description of the products, digital content, and/or services offered. The description is detailed enough to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products, services, and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
The 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.
The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur will 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 can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
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 responsibly entering into the distance agreement.
If the entrepreneur has good grounds based on this investigation not to enter into the agreement, he is entitled to refuse an order or request with justification or to attach special conditions to the execution.
The entrepreneur will send 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 data carrier, at the latest upon delivery of the product, service, or digital content to the consumer:
a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
c. the information about warranties and existing after-sales service;
d. the price including all taxes of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or execution of the distance agreement;
e. the requirements for termination of 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 continuous transaction, the provision in the previous paragraph only applies to the first delivery.
For products:
The consumer can cancel an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving any reason.
The entrepreneur may ask the consumer for the reason for withdrawal, but cannot require them to provide their reason(s).
The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in a single order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided they have clearly informed the consumer about this prior to the ordering process.
b. if the delivery of a product consists of different 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 for regular delivery of products over a certain 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 can cancel a service agreement and an agreement for the delivery of digital content that has not been delivered on a tangible medium for at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot require them to provide their reason(s).
The reflection period mentioned 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 when not informing about the right of withdrawal:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period established in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer has received that information.
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 establish the nature, characteristics, and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer is only liable for depreciation of the product that results from a manner of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before or at the time of concluding the agreement.
If the consumer exercises his right of withdrawal, he notifies the entrepreneur within the reflection period using the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has observed the return period in any case if he returns the product before the reflection period has expired.
The consumer returns the product with all supplied accessories, if reasonably possible in 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 lies 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 return shipping costs.
If the consumer withdraws after having expressly requested that the performance of the service or the delivery of gas, water, or electricity that have not been made ready for sale in a limited volume or specific quantity begins during the reflection period, the consumer owes the entrepreneur an amount proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.
The consumer incurs no costs for the performance of services or the delivery of water, gas, or electricity, which have not been made ready for sale in a limited volume or quantity, or for the delivery of district heating, if:
a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon withdrawal, or the model withdrawal form, or;
b. the consumer has not expressly requested the commencement of the performance of the service or delivery of gas, water, electricity, or district heating during the reflection period.
The consumer incurs no costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
a. he has not expressly agreed to the commencement of the performance of the agreement before the end of the reflection period;
b. he has not acknowledged losing his right of withdrawal by giving his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
If the consumer exercises his right of withdrawal, all supplementary agreements are automatically dissolved.
If the entrepreneur allows the consumer to notify the withdrawal electronically, he will send an acknowledgment of receipt without delay after receiving this notification.
The entrepreneur reimburses all payments made by 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 refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever occurs first.
The entrepreneur uses the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
The entrepreneur may 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 a timely manner before the conclusion of the agreement:
- Products or services whose price is linked to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
- Agreements made during a public auction. A public auction is understood to be a sales method in which products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to take the products, digital content, and/or services;
- Service agreements, after full execution of the service, but only if:
a. the execution has begun with the express prior consent of the consumer; and
b. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully performed the contract; - Package travel as referred to in Article 7:500 of the Civil Code and agreements for passenger transport;
- Service agreements for the provision of accommodation, if a specific date or period of execution is provided in the agreement and other than for residential purposes, goods transport, car rental services, and catering;
- Agreements related to leisure activities, if a specific date or period of execution is provided in the agreement;
- Products manufactured according to the consumer's specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer, or that are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
- Products that have been irrevocably mixed with other products after delivery due to their nature;
- Alcoholic beverages whose price has been agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value 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 periodicals, excluding subscriptions to them;
- The delivery of digital content other than on a tangible medium, but only if:
a. the execution has begun with the express prior consent of the consumer; and
b. the consumer has declared that he loses his right of withdrawal.
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 due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are tied 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 stated prices are indicative prices are mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases occurring 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the authority to terminate the agreement as of the day the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of durability and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An extra warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur has defaulted on their part of the agreement.
Extra warranty is understood to mean any commitment by the entrepreneur, their supplier, importer, or manufacturer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in the event that they have defaulted on their part of the agreement.
The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
The place of delivery is the address that the consumer has communicated to the entrepreneur.
Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be partially 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 at no cost and is entitled to any compensation.
Upon termination in accordance with the previous clause, the entrepreneur will promptly refund the amount paid by the consumer.
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 and entrepreneur-known representative, unless expressly agreed otherwise.
Termination:
The consumer can terminate an agreement entered into for an indefinite period and aimed at the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.
The consumer can terminate an agreement entered into for a fixed term and aimed at the regular delivery of products (including electricity) or services at any time at the end of the fixed term, observing the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
terminate at any time and not be limited to termination at a certain time or within a certain 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 themselves.
Extension:
An agreement entered into for a fixed term and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, an agreement that is entered into for a fixed term and that aims at the regular delivery of daily, news, and weekly newspapers and magazines may be extended tacitly for a fixed duration 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.
An agreement that is entered into for a fixed term and that aims at the regular delivery of products or services may only be extended tacitly for an indefinite duration if the consumer may terminate at any time with a notice period of no more than one month. The notice period is at most three months in the case that the agreement aims at the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and ends automatically after the trial or introductory period.
Duration:
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Unless otherwise stipulated in the agreement or additional terms, 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 for the provision of a service, this period starts on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged in the general terms and conditions to make an advance payment of more than 50%. When an advance payment has been agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has taken place.
The consumer has the duty to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.
If the consumer does not timely fulfill his payment obligation(s), he is, after being pointed out by the entrepreneur about the late payment and the entrepreneur granting the consumer a period of 14 days to still fulfill his payment obligations, liable for the statutory interest on the outstanding amount after the payment has not been made within this 14-day period, 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% on the subsequent € 2,500; and 5% on the next € 5,000, with a minimum of € 40. The entrepreneur may deviate from the mentioned amounts and percentages in favor of the consumer.
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints regarding the execution of the agreement must be submitted to the entrepreneur in full and clear detail within a reasonable time after the consumer has identified 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 respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.
Only Belgian law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. Belgian law is applicable, with the exception of the Belgian conflict of laws rules from Belgian international private law. In case of disputes, only the courts of Hasselt are competent.
Additional provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
