Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal.
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
Day: calendar day.
Continuous transaction: a distance contract concerning a series of products and/or services, for which delivery and/or purchase obligations are spread over time.
Durable medium: any means that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unchanged reproduction.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.
Entrepreneur: the natural or legal person offering products and/or services at a distance to consumers.
Distance contract: a contract in which, within a system organized by the entrepreneur for distance selling of products and/or services, only one or more distance communication techniques are used up to and including the conclusion of the contract.
Distance communication technique: a means that can be used to conclude a contract, without the consumer and entrepreneur being in the same physical location.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Company name: Van Kuyk, Sebastian
Company address: Hermelijnstraat 12 3950 Bocholt België
Company email sebastian.vankuyk@gmail.com
VAT identification number: BE1004.533.582
Article 3 – Applicability
These General Terms and Conditions apply to every offer from the entrepreneur and to every distance contract and order between entrepreneur and 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, it will be indicated before the distance contract is concluded that the General Terms and Conditions can be viewed with the entrepreneur and will be sent free of charge upon request.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur has the right to change and adjust the offer.
The offer includes a complete and accurate description of the offered products and/or services. The description is detailed enough to allow a good evaluation of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Article 5 – The Contract
The contract comes into effect, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions specified.
If the consumer accepts the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. Until the entrepreneur has confirmed the receipt of this acceptance, the consumer may cancel the contract.
The entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to cancel the contract without providing reasons within 14 days. This cooling-off period begins the day after the consumer receives the product or a representative designated by the consumer.
During the cooling-off period, the consumer will handle the product and packaging carefully. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they must return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.
Article 7 – Costs in the Event of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products are borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has been received back or proof of complete return is provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the right of withdrawal for products such as those described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the contract is concluded.
The exclusion of the right of withdrawal applies to products:
1. created according to consumer specifications;
2. clearly personal in nature;
3. that cannot be returned due to their nature;
4. that can spoil or age quickly;
5. whose price is tied to fluctuations in the financial market;
6. for single newspapers and magazines;
7. for audio and video recordings and computer software where the consumer has broken the seal;
8. for hygienic products where the consumer has broken the seal.
Article 9 – The Price
During the validity period mentioned in the offer, the prices of the offered products and/or services will not increase, except for price changes due to changes in VAT rates.
The entrepreneur can offer products or services whose prices are tied to fluctuations in the financial market. These fluctuations will be indicated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
Price increases after 3 months are only allowed if agreed upon by the entrepreneur.
Article 10 – Conformity and Guarantee
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the applicable legal provisions and/or government regulations in force at the time the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may have under the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. The return of the products must be made in the original packaging and in new condition. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or altered the delivered products themselves or has had them repaired and/or altered by third parties;
The delivered products have been exposed to abnormal circumstances, mishandled, or treated in violation of the entrepreneur’s instructions and/or packaging treatment;
The defect is entirely or partially the result of regulations set by the government regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur will exercise the utmost care when receiving and executing orders for products.
The place of delivery is the address that the consumer has communicated to the company.
Taking into account what is mentioned in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified within 30 days of placing the order.
In such cases, the consumer has the right to cancel the agreement at no cost and is entitled to a possible compensation.
In the case of cancellation as per the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the cancellation.
If delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a replacement product. The replacement will be clearly and understandably communicated to the consumer at the time of delivery. The right of withdrawal cannot be excluded for replacement products. The cost of any return shipping will be borne by the entrepreneur.
The risk of damage and/or loss of products remains with the entrepreneur until delivery to the consumer or a representative appointed by the consumer, unless otherwise agreed.
Article 12 – Duration Transactions: Duration, Cancellation, and Extension
Cancellation
The consumer may cancel an agreement entered into for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, subject to agreed cancellation rules and a notice period of no more than one month.
The consumer may cancel an agreement entered into for a specific period, which involves the regular delivery of products (including electricity) or services, at any time, at the end of the specified term, subject to agreed cancellation rules and a notice period of no more than one month.
The consumer may cancel the agreements referred to in the previous paragraphs:
At any time, not limited to cancellation at a specific time or within a certain period;
At least in the same way as they were entered into by the consumer;
Always with the same notice period that the entrepreneur has agreed upon for themselves.
Extension
An agreement entered into for a fixed period, which involves the regular delivery of products (including electricity) or services, may not be silently extended or renewed for a fixed duration.
In deviation from the previous paragraph, an agreement entered into for a fixed period, which involves the regular delivery of daily, weekly, or monthly newspapers and magazines, may be extended silently for a maximum of three months, provided the consumer can cancel the extended agreement before the end of the extension with a notice period of no more than one month.
An agreement entered into for a fixed period, which involves the regular delivery of products or services, may only be extended silently for an indefinite period if the consumer may cancel it at any time with a notice period of no more than one month, and a notice period of no more than three months for agreements related to daily, weekly, or monthly newspapers and magazines delivered less than once a month.
An agreement with a limited duration, for regular trial or introductory deliveries of daily, weekly, or monthly newspapers and magazines, will not be silently continued and will automatically terminate at the end of the trial or introductory period.
Duration:
If an agreement has a duration of more than one year, the consumer may cancel it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent cancellation before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts due by the consumer must be paid within 7 days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs previously communicated to the consumer.
Article 14 – Complaints Procedure
Complaints about the performance of the agreement must be submitted to the entrepreneur in full and clearly described within 7 days after the consumer has discovered the defect.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved through mutual agreement, a dispute will arise that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur has indicated otherwise in writing.
If a complaint is deemed valid by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This also applies if the consumer resides abroad.
Article 16 – CESOP
Due to the measures introduced and reinforced starting in 2024 under the "Amendment to the Sales Tax Act 1968 (Act to Implement the Payment Services Directive)" and the implementation of the central electronic payment information system (CESOP), payment service providers may register data in the European CESOP system.