Terms and Conditions
For the purposes of these terms and conditions, the following definitions apply:
- Ancillary 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 arrangement between that third party and the trader;
- Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
- Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;
- Day: calendar day;
- Digital content: data produced and supplied in digital form;
- Subscription contract: a contract that provides for the regular supply of goods, services and/or digital content for a specified period;
- 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 permits the unchanged reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Trader: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
- Distance contract: a contract concluded between the trader and the consumer under an organized distance-sales system for products, digital content and/or services, whereby, up to and including the conclusion of the contract, exclusive or joint use is made of one or more means of distance communication;
- 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;
- Means of distance communication: a means that can be used to conclude a contract without the consumer and trader having to be present together in the same place at the same time.
Mykla bv
Stadsheide 23
3500 Hasselt
info@centpurcent.com
BE 0458 547 704
These general terms and conditions apply to every offer made by the business and to every distance contract concluded between the business 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 business will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the business and that they will be sent free of charge as soon as possible at the consumer’s request.
If the distance contract is concluded electronically, contrary to the preceding paragraph and before the distance contract 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 contract is concluded, the business will indicate where the general terms and conditions can be accessed 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 also apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms, the consumer may always rely on the applicable provision that is most favorable to them.
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 consumers to properly assess the offer. If the trader uses images, these provide a truthful 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 consumers what rights and obligations are associated with accepting the offer.
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions stipulated therein.
If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of the acceptance of the offer electronically.
As long as receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the agreement.
If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will 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 reason not to enter into the agreement, the trader is entitled to refuse an order or request with reasons, or to attach special conditions to its performance.
No later than upon delivery of the product, service, or digital content, the trader will 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 manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees 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.
For products:
The consumer may cancel an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without giving any reason.
The trader may ask the consumer about the reason for cancellation, but may not require the consumer to state their reason(s).
The cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer in advance who is not the carrier, receives 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, receives the last product. Provided that the trader has clearly informed the consumer of this before the ordering process, the trader may refuse an order for several products with different delivery times.
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, receives the last shipment or the last part;
c. for agreements concerning the regular delivery of products during a specified period: the day on which the consumer, or a third party designated by them, receives 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 reason. The trader may ask the consumer about the reason for cancellation, but may not require the consumer to state their 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 was 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 expires 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.
During the cooling-off 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 determine its nature, characteristics, and operation. The basic 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 way 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 has not provided them with all legally required information about the right of withdrawal before or when entering into the agreement.
If the consumer exercises their right of withdrawal, they must notify the trader within the cooling-off period by means of 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 must 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. The consumer has observed the return period in any event if they return the product before the cooling-off period has expired.
The consumer must return the product with all accessories supplied, where 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 notified 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 prepared for sale in a limited volume or specified 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 prepared 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 delivery of digital content not supplied on a tangible medium if:
a. before its delivery, they did not expressly consent to the 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 statement by the consumer.
If the consumer exercises their right of withdrawal, all additional agreements are automatically terminated by operation of law.
If the entrepreneur enables the consumer to submit the withdrawal notice electronically, they will immediately send an acknowledgment of receipt after receiving this notice.
The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay and no later than 14 days after the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to issue the refund until they have received the product or until the consumer demonstrates that they have returned it, whichever occurs first.
The entrepreneur will use the same payment method for the refund as the consumer used, unless the consumer agrees to another method. The refund will be free of charge for the consumer.
If the consumer chose a more expensive delivery method than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this when making the offer or, at the latest, in good time before concluding the agreement:
- Products or services whose price is subject to fluctuations in the financial market over which the trader has no influence and which may occur during the withdrawal period;
- Agreements concluded at a public auction. A public auction means a method of sale in which products, digital content and/or services are offered by the trader to consumers who attend or are given the opportunity to attend the auction in person, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
- Service agreements, after the service has been fully performed, but only if:
a. performance has begun with the consumer’s express prior consent; and
b. the consumer has declared that they lose their right of withdrawal once the trader has fully performed the agreement; - Package travel as referred to in Article 7:500 of the Dutch Civil Code 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 relating to leisure activities, if a specific date or period of performance is provided for in the agreement;
- 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;
- 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, after delivery, have by their nature become irrevocably mixed with other products;
- 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 trader has no influence;
- Sealed audio or video recordings and computer software, whose seal has been broken after delivery;
- Newspapers, periodicals or magazines, with the exception of subscriptions to them;
- The supply of digital content other than on a tangible medium, but only if:
a. performance has begun with the consumer’s express prior consent; and
b. the consumer has declared that they thereby lose their right of withdrawal.
Throughout the validity period stated 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 previous paragraph, the business may offer products or services whose prices are subject to fluctuations in the financial market and over which the business has no control at variable prices. This susceptibility 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 stated in the offer for products or services include VAT.
The business 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 statutory provisions and/or government regulations applicable on the date the agreement was concluded. If agreed, the business also guarantees that the product is suitable for use other than normal use.
An additional guarantee provided by the business, its supplier, manufacturer, or importer never limits the consumer’s statutory rights and claims against the business under the agreement if the business has failed to fulfill its part of the agreement.
An additional guarantee means any commitment by the business, its supplier, importer, or producer under which it grants 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.
The entrepreneur will exercise the utmost care when receiving and fulfilling orders for products and when assessing applications for the provision of services.
The delivery address 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 speed, 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 in part, 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 free of charge and to receive any applicable compensation.
Following termination in accordance with the previous 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.
Cancellation:
The consumer may cancel an agreement concluded for an indefinite period that provides 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 definite period that provides for the regular delivery of products (including electricity) or services at any time effective at the end of the specified 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 entered into;
always with the same notice period as the business has stipulated for itself.
Renewal:
An agreement concluded for a definite period that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period.
By way of exception to the preceding paragraph, an agreement concluded for a definite period that provides 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, if the consumer may cancel the extended agreement at the end of the extension with a notice period of no more than one month.
An agreement concluded for a definite period that provides 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 provides for the regular delivery, but less than once a month, 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 an introductory basis (trial or introductory subscription) will not be tacitly continued and will end automatically 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 term.
Unless otherwise stipulated in the agreement or additional terms, 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 under general terms and conditions to make an advance payment of more than 50%. If advance payment has been agreed, the consumer may not assert any rights concerning the execution of the relevant order or service(s) before 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, they will, after being notified by the trader of the late payment and being granted a period of 14 days by the trader to fulfil their payment obligations, owe statutory interest on the outstanding amount after payment has not been made within this 14-day period. The trader is also 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 the amounts and percentages stated in favor of the consumer.
The business has a complaints procedure that has been sufficiently publicized and handles complaints in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the business fully and clearly described within a reasonable period after the consumer has discovered 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 response.
In any event, the consumer must give the business at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to 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, employees (whether or not self-employed), appointees, or any other type of auxiliary person of the business liable on a non-contractual basis (neither directly, jointly and severally, nor jointly and severally 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 performed in execution of an agreement that had already been concluded before 01.01.2025.
- 17.1 If a party is unable to perform the order due to force majeure, including accidents, illness, fire, epidemics, frost, rainy weather, war, strikes, lockouts, riots, delays by suppliers, lack of means of transport, etc., that party has the right to terminate the agreement without any further compensation. In that case, the delivery and performance periods shall 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 fulfil 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 If circumstances arise that were reasonably unforeseeable and unavoidable when the quotation was submitted, and that would make performance of the agreement financially or otherwise more onerous or difficult than normally anticipated, the parties shall not have the option to request the revision or dissolution of the agreement. The agreement shall have the force of law between the parties. The parties may not deviate from this provision.
- 18.1 By contacting the trader via the website, the consumer expressly consents to the processing and use of their personal data for purposes such as customer database administration, order, delivery and invoice management, monitoring solvency, marketing and advertising. Processing for marketing purposes and personalised 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 all times to object, free of charge, to the processing of their data for direct marketing purposes.
The trader is responsible for processing this data.
Processing 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 provide the consumer’s personal data. This applies where the law, regulations or legal proceedings require the trader to do so, or where the trader is requested to do so by government authorities as part of law enforcement actions, or where the trader believes it is necessary to provide 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 recipient of 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 unauthorised destruction, loss, alteration, access, disclosure or use.
Agreements between the business and the consumer to which these general terms and conditions apply are governed exclusively by Belgian law. Belgian law applies, excluding the Belgian conflict-of-law rules under Belgian private international law. In the event of disputes, only the courts of Hasselt have jurisdiction.
Additional provisions, or 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 the consumer can store them accessibly on a durable medium.