Article 1 – Definitions
For the purposes of these terms and conditions:
1. Seller: Eddy Hagen, who offers photo products via this website;
2. Buyer: the person or organisation that places an order on this website;
3. Distance contract: an agreement under which the Seller offers products at a distance, up to and including ordering and paying for a product via the website;
4. Withdrawal period: the period within which the Buyer may exercise its right of withdrawal;
5. Right of withdrawal: the possibility for the buyer to waive the distance contract within the cooling-off period;
6. Day: calendar day;
7. Durable data carrier: any means that enables the buyer or seller to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Article 2 – Identity of the seller
Ten Eekhovelei 93, 2100 Deurne, Belgium
VAT number: BE 0662,491,984
E-mail address: firstname.lastname@example.org
Article 3 – Applicability
1. These general terms and conditions apply to every offer made by the seller and to every distance contract concluded between the seller and the buyer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the buyer by means of publication on the website.
Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the buyer to make a proper assessment of the offer. If the seller makes use of illustrations, these shall be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the Seller.
3. Each offer contains such information that it is clear to the buyer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
– the price including taxes;
– any costs of delivery;
– whether or not the right of withdrawal applies;
– the method of payment, delivery or performance of the contract;
Article 5 – The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time that the customer places an order and pays by means of the online payment options.
2. If the buyer has accepted the offer by electronic means, the seller immediately confirms receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed, the buyer may dissolve the agreement.
3. If the agreement is concluded electronically, the seller will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the buyer is able to pay electronically, the seller will take appropriate security measures.
4. With the product, the seller will send the buyer the following information, in writing or in such a way that it can be stored by the buyer in an accessible manner on a durable data carrier: the conditions under which and the manner in which the buyer can exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
Article 6 – Right of withdrawal on delivery of products
1. When purchasing products, the buyer has the option of dissolving the agreement without giving reasons for a period of fourteen days. This period commences on the day after receipt of the product by or on behalf of the buyer.
2. During this period, the buyer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to the seller, in accordance with the reasonable and clear instructions provided by the seller.
Article 7 – Costs in case of revocation
1. If the buyer makes use of his right of withdrawal, the costs of returning the goods shall be borne by him.
2. The seller shall reimburse all payments received from the buyer, including, if applicable, the delivery costs, without delay and in any case within 14 days after receipt of the returned product.
3. The seller shall make the refund using the same means of payment as was used by the buyer during the original transaction, unless the buyer has expressly agreed to another means of payment and on the understanding that the buyer may not incur any costs as a result of such refund.
4. The additional costs resulting from the purchaser’s express choice of a method of delivery other than the cheapest standard delivery offered by the company will not be refunded by the vendor.
5. If the returned product is not in its original condition, a reduction in value may be charged upon reimbursement of the purchase price.
Article 8 – The price
1. During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates.
2. The prices mentioned in the offer of products or services include VAT.
Article 9 – Conformity and Warranty
1. The seller guarantees that the products 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 existing on the date of the conclusion of the agreement.
2. An arrangement offered as a guarantee by the Seller, manufacturer or importer does not affect the rights and claims that the Purchaser may assert against the Seller in respect of a shortcoming in the performance of the Seller’s obligations under the law and/or the distance contract.
Article 10 – Delivery and execution
1. The vendor shall take the greatest possible care when receiving and executing orders for products.
2. The place of delivery is the address that the buyer has given to the seller.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the buyer will be notified no later than one month after he has placed the order. In that case, the buyer has the right to dissolve the agreement free of charge, to request an equivalent replacement product, or to obtain possible compensation.
4. In the event of dissolution in accordance with the previous paragraph, the seller will refund the amount paid by the buyer as soon as possible, but no later than 30 days after dissolution.
5. The risk of damage and/or loss of products rests with the seller until the moment of delivery to the buyer, unless explicitly agreed otherwise.
Article 11 – Payment
1. In so far as not agreed later, the amounts owed by the buyer must be paid when placing the order.
Article 12 – Complaints procedure
1. The seller shall have a complaints procedure that is sufficiently publicised and shall deal with the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the seller within a reasonable time, fully and clearly described, after the buyer has discovered the defects.
3. Complaints submitted to the seller shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the seller will respond within the 14-day period with an acknowledgement of receipt and an indication of when the buyer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to dispute resolution.
Article 13 – Disputes
Agreements between the seller and the buyer to which these general terms and conditions relate are governed exclusively by Belgian law and only the courts of Antwerp (Belgium) have jurisdiction.