Table of Contents:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur at withdrawal
Article 10 – The price
Article 11 – Performance and additional warranty
Article 12 – Delivery and implementation
Article 13 – Payment
Article 14 – Complaints
Article 15 – Disputes
Article 16 – Additional provisions
Article 1 – Definitions
In these terms and conditions the following definitions apply:
Supplementary agreement: an agreement whereby the consumer acquires products in connection with a distance agreement and these products are delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
Day: calendar day;
Durable medium: any tool – including e-mail – which enables the consumer or entrepreneur to store information addressed to him personally, in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the legal person referred to in Article 2 who offers products, (access to) digital content and/or services to consumers from a distance;
Distance contract: an agreement between the entrepreneur and the consumer in the context of an organized system for distance selling of, whereby to the conclusion of the agreement exclusive or partial use is made of one or more means of distance communication;
Model withdrawal form: the European Model withdrawal form included in Annex I of these Terms and Conditions; Annex I need not be provided if the Consumer does not have a right of withdrawal with respect to his order;
Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.
Article 2 – Identity of the entrepreneur
Name entrepreneur: Hanne Baeyens
Acting under the name: UNBLND
Establishment address: Kluis 2, 2460 Kasterlee, Belgium
Phone number: 0032 486 03 54 52
E-mail address: info@unblnd.be
VAT number: BE0760989249
IBAN: BE02739020684340
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the remote agreement is concluded, how the general conditions can be viewed at the entrepreneur 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, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in another way.
In case specific product conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in case of conflicting conditions.
Article 4 – The offer
If an offer has a limited duration or is made subject to conditions, this will be explicitly 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 make a proper assessment of the offer. If the entrepreneur uses images, these are a true reflection of the products, services and / or digital content offered. Obvious mistakes or obvious errors in the offer will not bind the entrepreneur. Slight deviations in color as a result of the use of digital images and photographs by the entrepreneur are, if reasonable, not at the expense and risk of the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 – The agreement
The contract is concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated are fulfilled, including payment of the price as referred to in article 13.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transmission of data and he will ensure a secure internet environment. (SSL connection, recognizable by the padlock icon in the bottom status bar of your browser). If the consumer can pay electronically, the entrepreneur will take appropriate safety measures.
The entrepreneur may – within legal limits – inform the consumer about his payment obligations, as well as about all those facts and factors which are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
The entrepreneur will, at the latest upon delivery of the product to the consumer, the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, send:
The visiting address of the Entrepreneur’s business establishment where the Consumer may lodge complaints;
the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal.
The information on guarantees and existing service after purchase.
the price, including all taxes, of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract.
if the consumer has a right of withdrawal, the model form for withdrawal.
Article 6 – Right of withdrawal
The consumer can terminate a contract relating to the purchase of a product during a reflection period of 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, and who is not the carrier, has received the product, or:
if the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process, refuse an order for multiple products with a different delivery time.
If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part.
in case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling off period will expire 12 months after the end of the original cooling off period determined in accordance with the previous paragraphs of this article.
If the entrepreneur provided the information referred to in the previous paragraph to the consumer within 12 months after the start date of the original cooling off period, the cooling off period expires 14 days after the day the consumer received this information.
Article 7 – Obligations of the consumer during the reflection period
During the reflection period the consumer will handle the product and packaging with care. He will only unpack the product to the extent necessary to determine the nature, features and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
Articles must not have been used or worn by the consumer.
The consumer is liable for depreciation of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
If the consumer exercises his right of withdrawal, he shall notify the trader within the cooling-off period by means of the model form for withdrawal or in any other unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
The consumer shall return the product with all delivered 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 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, unless the entrepreneur explicitly indicates to bear these costs.
If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 – Obligations of the entrepreneur in case of withdrawal
If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will send a confirmation of receipt without delay after receiving this notification.
The entrepreneur shall reimburse 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 with repayment until he has received the product or until the consumer proves that he has returned the product, whichever comes first.
The entrepreneur uses for reimbursement the same means of payment that the consumer has 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 method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
Article 10 – The price
During the period mentioned in the offer, the prices of the products and / or services are not increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned with the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
they are the result of statutory regulations or stipulations; or
the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
Article 11 – Fulfillment agreement and additional warranty
The entrepreneur guarantees that the products meet the contract, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations.
An additional guarantee provided by the entrepreneur, his supplier, producer or importer never limits the legal rights and claims that the consumer under the agreement can assert against the entrepreneur if the entrepreneur has failed to fulfill his part of the agreement.
By additional guarantee is meant any commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obligated to do in case he has failed to fulfill his part of the agreement.
Article 12 – Delivery and execution
The entrepreneur will take the utmost care in receiving and carrying out orders of products.
The place of delivery is the address that the consumer has made known to the entrepreneur.
Subject to what is stated in Article 4 of these general conditions, the entrepreneur accepted orders expeditiously but not later than 30 days, unless a different delivery has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order. The consumer in that case has the right to terminate the contract without penalty.
The entrepreneur takes no responsibility for errors made by the consumer during the input of the order (on the website) which can cause delays in the delivery or incorrect delivery.
After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
Items that are in stock are usually delivered the next working day, except in case of force majeure. If this is unexpectedly not the case, the entrepreneur will inform the consumer by email.
The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and the entrepreneur announced representative, unless otherwise expressly agreed.
The entrepreneur delivers products in Belgium and other EU member states, as well as other countries worldwide.
If the entrepreneur is unable to fulfill his obligation under the agreement due to force majeure, or due to another extraordinary circumstance, such as fire, strike, natural disaster, etc., then the entrepreneur can postpone his delivery obligation until delivery is possible. The entrepreneur will inform the consumer without delay in case of an appeal to force majeure. In case the circumstance lasts longer than 1 month on top of the specified delivery period, then the entrepreneur and the consumer each have the right to terminate the agreement, without any right to compensation.
Article 13 – Payment
Unless otherwise stipulated in the contract or additional conditions, the amounts payable by the consumer should be paid when placing the order.
The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator to report.
Article 14 – Complaints
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be made within a reasonable time after the consumer has found the defects, fully and clearly described and submitted to the entrepreneur.
Complaints submitted to the trader will be answered within a period of 7 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 7 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
The consumer should in any case give the entrepreneur 14 days to resolve the complaint in mutual consultation.
Article 15 – Disputes
On agreements between the entrepreneur and the consumer to which these general conditions relate, Belgian law applies.
Disputes arising in connection with this agreement between the entrepreneur and the consumer will first be resolved amicably. If this does not result in a solution, the dispute will be submitted to the competent court.
Article 16 – Additional provisions
Additional provisions or provisions that deviate from these general conditions, may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.
The entrepreneur shall process the personal data provided by the consumer for the implementation of the agreement, in accordance with the General Data Processing Regulation. The entrepreneur has drawn up a privacy statement for this purpose and has listed it on his website. The consumer agrees that the data are stored and processed by the entrepreneur. Furthermore, the consumer expressly agrees that the entrepreneur may use these data to send targeted marketing campaigns and offers to the email address provided by the consumer. At the consumer’s request, he may inspect his personal data and, at his request, his data will be immediately and permanently removed.
